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2024 Supreme(Del) 640

V. KAMESWAR RAO, MINI PUSHKARNA
Delhi Transport Corporation – Appellant
Versus
Suresh Kumar – Respondent


Advocates appeared:
Mr. Rikky Gupta, SC with Ms. Ananya Singh, Advocate for DTC.
Mr. G.S. Chaturvedi, Mr. A. K. Choudhary & Mr. Virat Singh, Advocates, for the Respondent.

JUDGMENT

V. Kameswar Rao, J.

CM APPL. 6446/2024 (for delay)

This is an application filed by the respondent/applicant seeking condonation of delay in filing the rejoinder.

For the reasons stated in the application, the same is allowed and the rejoinder is taken on record. Application is disposed of.

REVIEW PET. 133/2023

1. This review petition has been filed by the respondent seeking review of the order dated February 16, 2023, whereby this Court had allowed the writ petition filed by the petitioner by holding in paragraphs 9 and 10 as under:

    "9. So it follows that the petitioner shall not be entitled to recover the benefits granted to the respondent on the basis of grant of 2nd ACP on September 1, 2005, but henceforth, the petitioner shall be within its right to re-fix and grant the 2nd ACP to the respondent w.e.f September 1, 2010 and re- fix the pay accordingly. The said re-fixation shall have a bearing on the pension being received by the respondent. Henceforth the pension shall be paid to the respondent on the basis of refixation of pay of 2nd ACP w.e.f September 1, 2010. The respondent shall not be entitled to the benefit of the 3rd ACP as the same could not have granted to the respo

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