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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Anil Kumar Anand - Appellant
Versus
Union of India - Respondent
LPA 495 of 2021
Decided On : 22-12-2021
| Table of Content |
|---|
| 1. interim pension application dismissed. (Para 2) |
| 2. writ petition hearing scheduled. (Para 3) |
| 3. no interference with lower court's order. (Para 4 , 5) |
| 4. applications closed; affidavit required. (Para 6 , 7) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 46621/2021
1. Allowed, subject to just exceptions.
LPA 495/2021 and CM APPL. 46619-20/2021
2. This appeal is directed against the order dated 21.10.2021, passed by the learned single judge in CM No. 36626/2021, preferred in W.P.(C) No.950/2020.
2.1. The appellant, who appears in-person, says that the relief sought in the aforementioned application was for payment of interim pension.
2.2. Via the impugned order, the learned single judge has dismissed the appellant's interim application, based on the following rationale:
"As I have listed the petition for hearing on December 7, 2021, this application seeking interim direction at this stage is impermissible.
The application is dismissed."
3. We are told that the writ petition is listed for hearing on 02.02.2022, along with five other writ petitions.
4. According to us, no interference is called for with the order dated 21.10.2021 passed by the learned single judge.
5. The appeal is, accordingly, closed.
6. Insofar as the prayer made in CM No. 46620/2021 to grant exemption from filing attested affidavit is concerned, the applicant/appellant is directed to file duly attested affidavit within the next three weeks, notwithstanding the order passed by us today.
7. Consequently, pending applications shall also stand closed.
Interim applications can be dismissed when a related main petition is scheduled for a hearing, ensuring orderly judicial processes are maintained.
Dismissed employees may contest eligibility for medical benefits under specific schemes, which requires judicial consideration regarding procedural compliance and health-related claims.
The Tribunal has authority to issue interim orders directing benefits during unresolved proceedings, contingent on the merit of the original application.
Interim relief under Section 9(1) of the Arbitration Act does not apply once arbitration proceedings have commenced; directions made under such circumstances may be modified.
Interim orders allowing status quo are upheld while relevant writ petitions are pending, highlighting the principle of maintaining legal stability during ongoing proceedings.
The court can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
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