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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Sukhbir Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 8567 of 2021
Decided On : 17-08-2021
Important Points
Subject
Administrative Law - Pension and Retirement Benefits
Headnote
(B) Eligibility for Pension - Voluntary retirement after 20 years of service entitles the petitioner to pension and retiral benefits as per applicable rules. (Para 4)
Facts of the case:
The petitioner, a Constable in Railway Protection Force, voluntarily retired on 30th September 2020 after twenty years of service but has not received the Pension Payment Order or retirement benefits, causing financial distress.
Findings of Court:
The court found no justification communicated for non-preparation of the Pension Payment Order.
Issues: The main issue was whether the petitioner was eligible for pension and retirement benefits after voluntary retirement with the requisite service duration.
Ratio Decidendi: The court emphasized the need for authorities to communicate reasons for the delay in preparing the Pension Payment Order and granting benefits, asserting an obligation to decide the representation within a stipulated timeframe.
Result: Writ petition disposed, with directions issued.
| Table of Content |
|---|
| 1. eligibility for pension after voluntary retirement (Para 2 , 3 , 4 , 5) |
| 2. court's lack of reasons for pension payment order delay (Para 6 , 7) |
| 3. directing respondent to act on pension request (Para 8 , 9) |
| 4. order uploading and notification procedure (Para 10) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking direction to the Respondent to prepare Pension Payment Order of petitioner and consequently release pension and other retiral benefits of petitioner.
3. Learned counsel for the Petitioner states that the Petitioner was enrolled as Constable in Railway Protection Force. She states that due to compelling domestic circumstances the petitioner applied for voluntary retirement from service and retired with effect from 30th September, 2020.
4. She states that since the petitioner had voluntarily retired from service after rendering necessary twenty years of service, the petitioner is fully eligible for grant of pension and other retiral benefits. She points out that accordingly, the Pension Payment Order (PPO) of petitioner was required to be prepared on the basis of last pay drawn by the petitioner i.e. the pay drawn by the petitioner in the month of September, 2020.
5. She states that though almost a year has lapsed since petitioner voluntarily retired from service, yet till date neither Pension Payment Order of petitioner has been prepared nor the pension and other retiral benefits have been released causing grave financial prejudice to petitioner and his family.
6. Issue notice.
7. Mr. Jagjit Singh, learned counsel for Railways accepts notice. He states that the Pension Payment Order has not been prepared as the petitioner has not completed twenty years of service. However, this Court finds that no reason has been communicated to the petitioner for non preparation of the Pension Payment Order as well as non-grant of pension and other retiral benefits.
8. Accordingly, this Court directs that the present writ petition be treated as a representation to Respondent No.4, who shall decide the same within eight weeks by way of a reasoned order in accordance with law after giving an opportunity of hearing to the petitioner.
9. With the aforesaid direction, the present writ petition stands disposed of. Needless to say that in the event, the petitioner is aggrieved by the decision of the Respondent No. 4, he shall be at liberty to file appropriate proceedings in accordance with law.
10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
