Disposed

Brij Lal v. Union of India & Ors.

Delhi HC23 Aug 2024W.P.(C)/11687/2024

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What is this about?

The Delhi High Court disposed of a writ petition by directing the respondents to treat it as a representation and pass a reasoned and speaking order within eight weeks, without expressing any opinion on the merits of the disability benefit claims.

What did the court decide?

Directed respondents to treat the writ petition as a representation and dispose of it by passing a reasoned and speaking order within eight weeks.

Brij Lal Vs Union of India & Ors. — Pension and Retirement Benefits | Delhi HC (2024)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 11687/2024 BRIJ LAL .....Petitioner Through: Mr.Vivek Tiwari, Adv.

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versus

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UNION OF INDIA & ORS. .....Respondent Through: Ms.Iram Majid, CGSC with Mr. Mohd. Suboor, Adv & Mr.Gopesh Jindal, GP.

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CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR O R D E R % 23.08.2024

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The petitioner, whose services were terminated on medical grounds from the Border Security Force(BSF) as a Head Constable after it was found that he was suffering from 70% permanent disability, has approached this Court seeking the following reliefs:-

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“1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to award the petitioner the benefits of disability cover under "Golden Jubilee Seema Prahari Kalyan Kawach" wherein compensation for disability between 51% to 75% is Rs. 15 Lac along with 12% interest from the date of the disability considered by the BSF Medical Board.

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2. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to award the petitioner the benefits of disability cover (i.e., total compensation of Rs. 50 lacs) flowing from Para Military Salary Package (PMSP) account by the SBI, along with 12% interest from the date the date of the disability considered by the BSF Medical Board.”

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:34:56

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After some arguments, learned counsel for the petitioner submits that for the present, the petitioner would be satisfied, in case, the writ petition were to be treated as a representation by the respondents and disposed of by a reasoned and speaking order.

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Issue notice. Learned counsel for the respondents accepts notice and has no objection to this limited prayer sought by the petitioner.

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In the light of this stand taken by the parties, the writ petition is disposed of by directing the respondents to treat the present writ petition as a representation of the petitioner and dispose of the same within a period of eight weeks by passing a reasoned and speaking order.

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Needless to state, this Court has not expressed any opinion on the merits of the claims raised by the petitioner and, therefore, in case, he is aggrieved by any order passed by the respondents, it will be open for him to seek legal recourse as permissible in law.

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REKHA PALLI, J

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SHALINDER KAUR, J

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AUGUST 23, 2024 sr

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/08/2024 at 12:34:56

Brij Lal v. Union of India & Ors.

Case brief

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Brij Lal v. Union of India & Ors.

Case brief

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