Family members sought unpaid pension and dues of a deceased doctor from CGHS and Ministry of Health. Holding these are service matters before notified authorities, the Court relied on L. Chandra Kumar and dismissed the writ petition with liberty to approach the appropriate forum.
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BUSHRA AND ORS. .....Petitioners
Through: Ms. Shaziya, Advocate.
versus
ADDITIONAL DIRECTOR, CGHS AND ORS. .....Respondents Through: Ms. Sarika Singh SPC with Ms. Seema Singh Government Pleader for Respondents No. 1 to 4.
Mrs. Avnish Ahlawat, Standing Counsel with Mr. N.K Singh, Ms. Aliza Alam, Mr. Mohnish Sehrawat, Ms. Laavanya Kaushik and Mr. Amitoj Chadha, Advocates for R-5.
CORAM: HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 21.11.2024
1. This writ petition has been preferred on behalf of the Petitioners under
Article 226 of the Constitution of India seeking the following reliefs:-
“a) Issue a Writ of Mandamus or any other suitable Writ, Order or Direction thereby directing the respondent no. 1 and 2 to release the pension, pensionary benefits of the Late Dr. Sayed Wadud-Ul-Hassan, to his family i.e., petitioners, which is unpaid since May 2015,
b) Issue a further Writ of Mandamus or any other suitable Writ, Order or Direction thereby directing the respondents to regularly release the family Pension to the petitioners in future also.
c) Issue further writ of Mandamus thereby directing the respondents to release any and all dues i.e., dues towards, G.P.F/Gratuity/leave encashment/ salary dues/ pension dues to the petitioners.”
claimed are in the nature of service matters and are sought against Central
W.P.(C) 2821/2024 Page 1 of 2
This is a digitally signed order.
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Government Health Scheme Department (‘CGHS’) and the Ministry of Health and Family Welfare which are notified under Section 14 of the Administrative Tribunals Act, 1985 and therefore in view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 , the Administrative Tribunal is the only Court of first instance for adjudication of the issues raised by the Petitioners.
JYOTI SINGH, J
NOVEMBER 21, 2024/shivam
W.P.(C) 2821/2024 Page 2 of 2
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 03/07/2025 at 22:35:20
1 issue framed by the court
Whether the High Court should entertain a writ petition for release of family pension and dues payable by CGHS, given the matter lies under Section 14 of the Administrative Tribunals Act, 1985.
Colour shows how this judgement treated each authority
L. Chandra Kumar v. Union of India and OthersRelied on¶2
L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 · Who else cites this
2 provisions across 2 enactments
Bushra and Ors.
Additional Director, CGHS
Ministry of Health and Family Welfare (Respondents No. 1 to 4)
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
