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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Inderjeet Singh (Ex U/NVK) - Appellant
Versus
Union of India - Respondent
W.P.(C) 8645 of 2021 & CM Appls. 26748-749 of 2021
Decided On : 18-08-2021




A petitioner can withdraw a writ petition to challenge a decision while preserving the right to reapply for relief through a fresh petition.

Headnote:(A) Disability Pension -- Seeking directions for disability pension and retiral benefits -- Lack of response from respondents despite prior application -- Petitioner's request for disability pension rejected by letter dated 28th August, 2018 -- Petitioner seeks liberty to withdraw and file a fresh petition. (Paras 2-5)

(B) Withdrawal of Writ Petition -- Petitioner allowed to withdraw the writ petition with liberty to approach the court again if necessary. (Para 5)

Facts of the case:
Petitioner's request for disability pension and benefits from 01st December, 2016 was ignored despite a formal request. A rejection letter was issued on 28th August, 2018.

Findings of Court:
Petition is disposed of with liberty granted to the petitioner for a fresh challenge to the rejection of the disability pension.

Issues: Whether the petitioner should receive disability benefits and if they can challenge the rejection effectively.

Ratio Decidendi: The court facilitated the petitioner's request to withdraw to revisit the decision through proper avenues without prejudice.

Result: Petition disposed of with liberty to file a fresh petition.

Table of Content
1. petitioner seeks disability pension and benefits (Para 2 , 3)
2. request for pension rejected; petition withdrawal (Para 4 , 5)
3. order disposing of the petition (Para 6 , 7)

JUDGMENT

Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.

2. Present writ petition has been iled seeking directions to the respondents to grant the disability pension and other retiral benefits w.e.f. 01st December, 2016 and pass an order granting "broadbanding" of the petitioner's disability from 20% to 50%.

3. Learned counsel for the petitioner states that despite seeking the aforesaid relief vide letter dated 20th July, 2018, the respondent has not taken any decision.

4. Today, during the course of hearing, learned counsel for the respondents has screen-shared the letter dated 28th August, 2018, whereby the petitioner's request for disability pension vide letter dated 20th July, 2018 has been rejected.

5. At this stage, learned counsel for the petitioner wishes to withdraw the present writ petition with liberty to file a fresh writ petition challenging the letter dated 28th August, 2018.

6. With the aforesaid liberty, the present petition along with pending applications stands disposed of.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail

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