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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Ex NB Risaldar Dilbag Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 14957 of 2022 & CM Appls. 46112-46113 of 2022
Decided On : 28-10-2022




The court directed timely resolution of pending petitions, emphasizing the importance of administrative efficiency in handling mercy petitions.

Headnote:(A) Powers of the High Court - A direction for expeditious decision on pending petitions - The court ordered the respondents to decide the petitioner's mercy petition within four weeks, emphasizing timely resolution of pending matters under administrative jurisdiction. (Paras 1-5)

(B) Compliance responsibilities - The court mandated that any necessary formalities must be communicated to the petitioner within a week, and then appropriately addressed by the petitioner. (Paras 4-5)

Facts of the case:
The petitioner filed a mercy petition for service pension and gratuity on 28.09.2020, which remained undecided for two years, prompting judicial intervention for a timely resolution.

Findings of Court:
The respondents were directed to decide the representation within four weeks and communicate any necessary formalities within one week.

Issues: The core issue was the delay in addressing the petitioner's service pension and gratuity petition.

Ratio Decidendi: The High Court emphasized the importance of timely decisions on appeal petitions, underlining the necessity to uphold administrative efficiency.

Result: Petition disposed of with directions for compliance.

Table of Content
1. petition seeks timely resolution of mercy petition. (Para 1)
2. representation for service pension pending for two years. (Para 2)
3. court directs timely decision on representation. (Para 3 , 4 , 5)
4. petition disposed with options for further challenge. (Para 6 , 7)

JUDGMENT (Oral)

1. By way of the present petition, the petitioner is seeking a direction to forthwith decide petitioner's appeal (Mercy Petition) dated 28.09.2020 as two years have already elapsed from the date of filing of the said mercy petition as well as from the order dated 22.09.2020 of the learned Armed Forces Tribunal.

2. Learned counsel appearing on behalf of the petitioner submits that for the aforesaid relief, petitioner had made a representation dated 28.09.2020 for grant of service pension and gratuity, however, the same is still pending with the respondents for the last two years.

3. Accordingly, we hereby dispose of the present petition by directing the respondents to decide the said representation dated 28.09.2020 within four weeks from today.

4. It is also made clear that if the petitioner is required to carry out any formality, then respondents shall communicate it to the petitioner as well as his counsel within one week from today and the petitioner is thereafter directed to comply with the same within one week therefrom.

5. Upon completion of aforementioned formalities, the concerned respondents shall pass the requisite order within two weeks and then communicate the final decision thereof to the petitioner as well as his counsel within three days thereafter.

6. Needless to say that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.

7. The present petition along with pending applications is accordingly disposed of.

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