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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Ex. Ct. Dalbir Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 13772 of 2022
Decided On : 04-11-2022
| Table of Content |
|---|
| 1. petitioner's request for disability pension. (Para 1) |
| 2. respondent's consideration of pension eligibility. (Para 2) |
| 3. court's directive for timely decision on petition. (Para 3 , 4) |
| 4. final disposal of the petition. (Para 5) |
1. Vide the present writ petition, petitioner is seeking quashing of the letter dated 23.02.2015; directions to the respondents to pay/grant the disability pension to the petitioner w.e.f. 01.01.1985 along with interest @ 10% p.a.
2. Learned counsel for respondents, on instructions, has informed this Court that the case of the petitioner is under active consideration to establish as to whether the petitioner is entitled for disability pension or invalid pension.
3. Accordingly, we hereby direct the respondents to take a final decision within six weeks from today and communicate the same in writing to the petitioner within one week thereafter.
4. Needless to say, if the petitioner feels aggrieved by the decision taken by the respondents, the petitioner may challenge the same before the appropriate forum.
5. With the aforesaid directions, the present petition is disposed of.
Respondents are mandated to conclude disability pension eligibility within six weeks and communicate the decision promptly, ensuring timely justice.
Consideration of petitioner's case as per the policy and communication of reasoned decision to the petitioner
A petitioner can withdraw a writ petition to challenge a decision while preserving the right to reapply for relief through a fresh petition.
The importance of providing requisite documents, non-requirement of Guardianship Certificate in the case of physical disability, and the mandate for timely communication of the decision to the petiti....
The court ordered the respondents to reconsider a pension claim, emphasizing the need for procedural fairness and timely decisions on representations.
The denial of a disability pension based on a Medical Board's finding of non-attributable disability is valid, and significant delays in filing a petition bar claims due to laches.
Delay and laches can impact the admissibility of a petition, especially when seeking relief related to pension release.
Timely decision on representations is essential, and the court has the authority to direct the respondent to decide the representation within a specified timeframe.
Entitlement to interest on delayed payment of disability pension based on lack of plausible explanation for the delay and rules requiring payment within a reasonable time.
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