Babli vs Bses Rajdhani Power Ltd. - 2023 Supreme(Del) 5004

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5004

JYOTI SINGH
Babli – Appellant
Versus
Bses Rajdhani Power Ltd. – Respondent

Advocates appeared:
Mr. Pranav Jain, Ms. Shrishti Govil and Ms. Tanisha Manuja, Advocates, for the Petitioner.
Mr. Sandeep Prabhakar, Mr. Amit Kumar and Mr. Vikas Mehta, Advocates, for the Respondent-1.
Mrs. Avnish Ahlawat, Standing Counsel, Pension Trust with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondent-2.

JUDGMENT

Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner, the second wife and now surviving widow of late Shri Madan Lal, who was employed as Assistant Line-Man with Delhi Vidyut Board (`DVB') and expired on 01.08.2001 while in service.

2. The factual matrix, shorn of unnecessary details is that Petitioner's husband died in harness on 01.08.2001 as an employee of DVB, which was unbundled on 01.07.2002 after Notification of the Delhi Electricity Reform (Transfer Scheme) Rules, 2001 on 20.11.2001. Petitioner is the second wife of late Madan Lal and after his death, she filed a petition on 12.08.2004 before the Trial Court for grant of Succession Certificate on her behalf and all sons and daughters of Madan Lal including the children from the first wife being Petition No.553/2004. The Trial Court granted the Succession Certificate in favour of the Petitioner and 11 other legal heirs of Madan Lal vide judgment dated 20.12.2012, subject to payment of court fee and furnishing of indemnity bond with one surety.

3. The issue raised in the present petition is essentially for grant of family pension, death gratuity and arrears of pension with interest w.e.f. 2