Delhi High Court - Orders
Sunil Kumar & Ors vs Union Of India & Ors on 4 March, 2024
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3236/2024
SUNIL KUMAR & ORS. ..... Petitioners
Through: Mr. Sadan Farasat with Ms. N.
Maheshwari, Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC with Mr.
Jatin Teotia and Mr. Prakhar
Vashisth, Advocates for respondent
no. 1 & 2
Mr. K.C. Aggarwal, Advocate for
respondent No. 3
Mr. Siddharth, SC with Mr. Anshul
Saxena, Advocate for respondent
no.4/EPFO.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 04.03.2024 CM APPL. 13370/2024 Allowed, subject to just exceptions.
Application disposed of.
W.P.(C) 3236/2024
1. This petition has been filed by the petitioners with the following prayers:
a. Repeal Clause 32 of the Principal APEDA Regulations 1999, insofar as it denies pensionary benefits to APEDA 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 05/03/2024 at 21:39:11 employees on par with those available to Central Government employees;
b. Issue a writ of mandamus or any other appropriate writ, order, or direction to Respondent No. 1, 2 and 3 to take necessary action for the expeditious notification of the Draft APEDA Regulations 1986 and making the regulations retrospectively applicable to all retired employees of Respondent No. 3 ;
c. Issue a writ of mandamus or any other appropriate writ, order, or direction to Respondent No. 1 to exempt Respondent No. 3 from the application of Section 17 of the Employee Provident Fund and Miscellaneous Provisions Act 1952;
d. Issue a writ of mandamus or any other appropriate writ, order, or direction to Respondent No. 2 to grant approval to the SBI pension scheme applicable to retired employees of Respondent No. 3;
e. Issue a writ of mandamus or any other appropriate writ, order, or direction to Respondent No. 1 to hold that all benefits of provisions regarding revision of pension of pre- 2016 pensioners after coming into effect of the 7th Central Pay Commission are applicable to the petitioners f. Pass any other order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case.
2. Mr. Farasat, learned counsel for the petitioners would submit that a petition being W.P.(C) 8679/2018 involving the identical issues is pending adjudication before this Court. The only difference according to him is that the petitioners in the said writ petition are those who have retired earlier than 2017-2018 whereas the petitioners herein have retired between the years 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 05/03/2024 at 21:39:11 2017 - 2023.
3. Issue notice. Mr. Mohan accepts notice for the respondent nos.1 and 2, Mr. K.C Aggarwal accepts notice for respondent no.3 and Mr. Siddharth accepts notice for respondent no.4.
4. Counter affidavit be filed within four weeks, Rejoinder thereto, be filed within two weeks thereafter.
5. List alongwith W.P.(C) 8679/2018 on August 7, 2024.
V. KAMESWAR RAO, J SAURABH BANERJEE, J MARCH 4, 2024/akr..
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 05/03/2024 at 21:39:11