Allowed

Amar Singh and Ors. v. Union of India and Ors.

Delhi HC18 Mar 2016W.P.(C)/1470/2016

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking pension arrears for petitioners. The court held that petitioners are covered by an Office Memorandum dated July 13, 2015, issued after relevant Supreme Court appeals were dismissed. Respondents were directed to list required documents and release arrears within eight weeks.

What did the court decide?

Respondents directed to inform petitioners of required documents within two weeks; to process and release pension arrears within eight weeks thereof.

Amar Singh and Ors. Vs Union of India and Ors. — Public Procurement and Tenders | Delhi HC (2016)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1470/2016

¶4

AMAR SINGH AND ORS .....Petitioners Through: Mr. Niraj Jha, Advocate

¶5

versus

¶6

UNION OF INDIA AND ORS. .....Respondents Through: Mr. R.L. Goel, Senior Advocate with Mr. Arvind Sharma, DC, BSF

¶7

CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

¶8

O R D E R % 18.03.2016

¶9

The present petition has been filed by eight petitioners praying inter alia for issuing a writ of mandamus to the respondent No.1-Ministry of Home Affairs, the Cadre Controlling Ministry of the BSF, for payment of arrears of pension w.e.f. 1^st June, 2006 in terms of the Office Memorandum dated 13^th July, 2015, issued by the respondent No.4.

¶10

On the last date of hearing, learned counsel for the respondents had sought an adjournment to obtain instructions from the department as to whether the facts of the present case are covered by the judgment dated 29^th April, 2013, passed by a Division Bench of this Court in a batch of matters, lead matter being W.P.(C) 1535/2012 entitled Union of India & Anr. Vs. Central Government SAG & Ors. and states as to whether the said judgment has attained finality.

¶11

Page 1 of 2

¶12

W.P.(C) 1470/2016

¶13

Learned counsel for the respondents states on instructions that aggrieved by the judgment dated 29^th April, 2013, the respondent- Union of India had preferred appeals before the Supreme Court [SLP No.23055/2013 and 36148-50/2013], which were dismissed vide judgment dated 29^th July, 2013 and only after the judgment in the captioned case have attained finality that the Office Memorandum dated 13^th July, 2015 came to be issued by the respondent No.4 on the aspect of revision of pension of pre-2006 pensioners. He also confirms on instructions that the petitioners would be covered by the aforesaid Office Memorandum dated 13^th July, 2015, however, certain documents/ certificates are required to be submitted by them before the arrears of pension can be released in their favour.

¶14

The respondents are directed to give a written intimation to the petitioners within two weeks informing them about the documents/ certificates required to be submitted. Immediately upon receiving the said documents, the respondents shall process the case of each of the petitioners and release the arrears of pension in their favour in terms of Office Memorandum dated 13^th July, 2015, within eight weeks therefrom.

¶15

The petition is disposed of. No orders as to costs.

HIMA KOHLI, J

SUNIL GAUR, J

MARCH 18, 2016

Page 2 of 2

W.P.(C) 1470/2016

Amar Singh and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Amar Singh and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rashi Coop. G/H Society Ltd. Vs the Registrar, Cooperative Societies

Airport Authority Karamchari Union Vs Union of India and Ors.

Radha Kishan Meena Vs Govt. of NCT of Delhi & Ors.

Manav Gujral. Vs the Commissioner, North Delhi Municipal Corporation and Ors.

Vikram Kumar Vs the Registrar Co-Operative Societies & Ors.

Ebrahim Vs State of NCT of Delhi & Ors.

Jogi Vs State of NCT of Delhi & Ors.

Bhupendra Vs State of NCT of Delhi & Ors.

Gauri Shankar Vs U.O.I & Ors.

Hc (T) Pradeep Sharma Vs UOI & Ors.

L.N. Tikku Vs UOI & Ors.

Harsh Bardhan Vs Union of India and Ors.

Premanand Vs Union of India & Ors.