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Delhi High Court - Orders

Badam Verva vs Delhi Building And Other Construction ... on 18 April, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao

                           $~123
                           *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +     W.P.(C) 6121/2022 & CM APPL. 18460/2022
                                 BADAM VERVA
                                                                               ..... Petitioner
                                                  Through: Mr. Chirayu Jain and Mr. Naman
                                                           Jain, Advs.

                                                    versus

                                 DELHI BUILDING AND OTHER CONSTRUCTION
                                 WORKERS WELFARE BOARD AND ANR
                                                                             ..... Respondent
                                               Through: Mr. Abhay Dixit and Mr. Ankit
                                                        Kumar, Advs. for R-1
                                                        Miss. Asiya Khan, Adv. for R-2

                                 CORAM:
                                 HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                              ORDER
                           %                  18.04.2022

                           CM APPL. 18460/2022
                                 Allowed, subject to just exceptions.
                                 Application disposed of.
                           W.P.(C) 6121/2022

1. This petition has been filed by the petitioner impugning communications dated September 02, 2021 and also dated October 14, 2021.

2. By the first communication dated September 02, 2021, the respondent No.1 has sought clarification from the petitioner as to why appropriate action be not taken with regard to pensionary benefits payable to him.

3. It appears that the petitioner did not respond to the communication within time prescribed which resulted in the issuance of the second Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:20.04.2022 14:59:39 communication dated October 14, 2021.

4. Mr. Jain, learned counsel for the petitioner states that the petitioner has now responded to the first communication dated September 02, 2021 by filing an affidavit (pages 208-209) which may be considered by the respondent No.1 to decide the grant of pensionary benefits to the petitioner.

5. The plea made by Mr. Jain is reasonable.

6. Accordingly, this petition is disposed of directing the respondent No.1 to consider the affidavit filed by the petitioner at pages 208-209 dated January 20, 2022 and pass appropriate orders with regard to the claim of the petitioner for pensionary benefits. Further action shall be taken based on the decision.

7. It goes without saying that if the petitioner is aggrieved by any order to be passed by the respondent No.1 to his prejudice to file appropriate petition in accordance with law.

V. KAMESWAR RAO, J APRIL 18, 2022/ds Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:20.04.2022 14:59:39