Delhi High Court - Orders
Ex-Servicemen Welfare Union vs Union Of India And Ors on 1 July, 2024
Author: Rekha Palli
Bench: Rekha Palli
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1049/2020
EX-SERVICEMEN WELFARE UNION ..... Petitioner
Through Mr. Vikas Aggarwal, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Rajesh Gogna, CGSC with Ms.
Priya Singh with Lt. Col. Vineet Kumar, Major
Anish Muralidhar & Hav. Manjeet.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MS. JUSTICE SHALINDER KAUR
ORDER
% 01.07.2024
1. The present petition under Article 226 of the Constitution of India seeks following directions:-
(a) Issue a writ of certiorari or any other writ or order or direction to the respondents to grant service pension and other retiring benefits to the petitioners who are retirees prior to 01.01.2009 and who has completed the 15 years period of superannuation at par with the Army personnel with effect from the date of completion of their period of superannuation after 01.12.2012 in terms of Pension Rules 2009 (Para 6 of pension rules 2009 Part-I) for PBORs of Special Frontier Force.
(b) Issue a writ of certiorari or any other writ or order or direction to the respondents to grant arrears of service pension and other retiring benefits to the petitioners who are retirees prior to 01.01.2009 and who has completed their 15 years period of superannuation prior to 01.12.2012 in terms of Pension Rules 2009 (Para 6 of pension rules 2009 Part-I) for PBORs of Special Frontier Force.
2. The primary submission of learned counsel for the petitioner is that this Court vide its order dated 29.01.2016 in WP(C) 1335/2012 has already 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 03/07/2024 at 21:14:14 come to a categorical conclusion that the cut-off date of 01.01.2009 for extending the pensionary benefits to members of the Special Frontier Force (SFF) was illegal as no such classification could be made on the basis of the cut-off date. He further submits that in view of the admitted position that the members of the SFF who had superannuated prior to 01.01.2009 had received lump sum amounts at the time of their superannuation, this Court had directed that the said amount be adjusted towards 45% of the commuted value of pension payable to them and had therefore directed that they would be entitled to receive arrears of pension only w.e.f. 01.12.2011. In support of his plea, he draws our attention to paragraphs 35 to 37 of the order dated 29.01.2016 passed in WP(C) 1335/2012. He, therefore, contends that the respondents are now estopped from justifying the cut off date of 01.01.2009.
3. When faced with this situation, learned counsel for the respondent prays for time to obtain instructions.
4. List on 01.08.2024.
REKHA PALLI, J SHALINDER KAUR, J JULY 1, 2024 ab 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 03/07/2024 at 21:14:14