Ch. Nookaratnam v. Union of India & Ors.

Delhi HC13 Apr 2026W.P.(C)/15046/2023

Case brief

AI extract

What is this about?

BRO ex gratia delayed payment interest; Border Roads Organization employee death on duty; Circular/Instructions 11.09.1998 Rs. 5 lakhs ex gratia; simple interest 9% p.a. from date of death till actual payment; delay and latches plea rejected; writ petitions filed 2023 allowed; dependants of deceased BRO employees; Union of India; Delhi High Court common order 13.04.2026; compliance within four months; payment released 08.05.2017 and 09.10.2017; deaths 08.01.2006 and 29.12.2003.

What did the court decide?

Both connected Writ Petitions allowed; Respondents directed to pay simple interest @ 9% p.a. from the date of death till the date of actual payment of the ex gratia amount, with compliance required within the next four months. ¶¶25

Ch. Nookaratnam Vs Union of India & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the Petitioners, dependants of deceased Border Roads Organisation employees, are entitled to interest on the delayed release of the ex gratia lump sum payment of Rs. 5 lakhs payable on the death of their predecessors. +1 more

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Court's answer

The Writ Petitions are allowed, and the Respondents are directed to pay simple interest @ 9% p.a. on the ex gratia amount from the date of death of the Petitioners' predecessors.

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Ratio / Principle

The simple interest runs till the date of actual payment of the ex gratia amount, and the Respondents must comply with the order within the next four months.

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Key takeaways

The plea of delay and laches does not defeat the Petitioners' claim because the Respondents failed to furnish any justification for withholding payment for 11 years in one case and 14 years in the other.ratio¶¶24
The Petitioners, having already suffered the loss of the earning member of the family, cannot be relegated to another round of litigation; interest is therefore granted directly by this Order.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Delhi (Anil Kshetarpal & Amit Mahajan, JJ.), common order dated 13.04.2026 disposing of connected W.P.(C) 15026/2023 and W.P.(C) 15046/2023. The Petitioners, dependants of Border Roads Organisation employees who died in accidents while on duty (deaths on 08.01.2006 and 29.12.2003), were entitled under Circular/Instructions dated 11.09.1998 to ex gratia lump sum payment of Rs. 5 lakhs, which was released only on 08.05.2017 and 09.10.2017 - delays of over 11 years and nearly 14 years. Rejecting the Union of India's plea that the petitions, filed in 2023, were barred by delay and laches - no justification having been furnished for withholding payment - and observing that the bereaved Petitioners could not be relegated to another round of litigation, the Court allowed the petitions and directed payment of simple interest @ 9% p.a. from the date of death till the date of actual payment of the ex gratia amount, compliance within four months.

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$~31 and 32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 15026/2023

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SUSHILA DEVI .....Petitioner Through: Mr. Santosh, Ms. Saahila Lamba and Ms. Nidhi Sharma, Advs.

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versus

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UNION OF INDIA & ORS. .....Respondents Through: Mr. Akash Vajpai, CGSC with Mr. Harsh Bajpai, Adv.

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(32)

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- W.P.(C) 15046/2023

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CH. NOOKARATNAM .....Petitioner Through: Mr. Santosh, Ms. Saahila Lamba and Ms. Nidhi Sharma, Advs.

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versus

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UNION OF INDIA & ORS. .....Respondents Through: Mr. Manish Kumar, SPC.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R % 13.04.2026

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With the consent of learned counsel representing the parties, the two connected Writ Petitions shall stand disposed of by this common Order.

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The Petitioners were dependants of the employees who were serving in the Border Roads Organization (BRO). During the course of their employment, the predecessors of the Petitioners died in accidents while on duty.

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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 20/04/2026 at 12:10:39

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As per Circular/Instructions dated 11.09.1998, the Petitioners were entitled to ex gratia lump sum payment of Rs. 5 lakhs on account of death of their predecessors. In W.P.(C) 15026/2023, the husband of the Petitioner died on 08.01.2006, whereas predecessor of the Petitioner in W.P.(C) 15046/2023 died on 29.12.2003. The ex gratia payment was, however, released only on 08.05.2017 and 09.10.2017, respectively.

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Through the present Writ Petitions, the Petitioners claim interest on the delayed release of the aforesaid amount. In one case, the delay is of more than 11 years, whereas in the other, it is of nearly 14 years.

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Learned counsel representing the Respondents submits that these Writ Petitions, having been filed in the year 2023, are liable to be dismissed on the ground of delay and laches.

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Learned counsel representing the Petitioners submits that the Petitioners may be awarded interest for the period from the date of death till the date of payment.

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This court has considered the submissions advanced by learned counsel for the parties.

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The Petitioners have already confined their claim and do not seek any interest beyond the date of release of the ex gratia amount. The Respondents have failed to furnish any justification for withholding the payment for 11 years in one case and 14 years in the other. The Petitioners, who had already suffered the loss of their earning member of the family, cannot now be relegated to another round of litigation.

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In these circumstances, the Writ Petitions are allowed, and the Respondents are directed to pay simple interest @ 9% p.a. from the

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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 20/04/2026 at 12:10:39

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date of death till the date of actual payment of the ex gratia amount. Let the order be complied with within the next four months. 10. A photocopy of the Order passed today be kept in the connected matter.

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ANIL KSHETARPAL, J.

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AMIT MAHAJAN, J.

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APRIL 13, 2026/ sp/ad

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Ch. Nookaratnam v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Ch. Nookaratnam v. Union of India & Ors.

Case brief

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What did the court decide?

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