Delhi High Court - Orders
Muliya vs Delhi Building And Other Construction ... on 29 May, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7612/2023
MULIYA ..... Petitioner
Through: Ms.Sakshi Dwangan, Advs.
versus
DELHI BUILDING AND OTHER CONSTRUCTION WORKERS
WELFARE BOARD ..... Respondent
Through: Mr.Abhay Dixit with Mr.Ankit
Kumar, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 29.05.2023
CM APPL. 29522/2023 -Ex
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 7612/2023
3. The present petition seeks to assail the order dated 16.02.2023 passed by the respondents. Vide the impugned order the respondent has rejected the petitioner's claim for pension on the ground that he had not been registered for a continuous period of three years immediately before attaining the age of sixty years.
4. Learned counsel for the petitioner submits that the impugned order is in the teeth of a recent decision dated 23.02.2023 of a Coordinate Bench of this Court in WP(C) 13969/2022 entitled Dulari Devi vs. Delhi Building & Ors.
This is a digitally signed order.
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5. Issue notice. Learned counsel for the respondent accepts notice and while not denying that the impugned order is contrary to the ratio of the decision in Dulari Devi (supra), submits that an appeal being LPA 372/2023 assailing the said decision is already pending consideration before the Division Bench. He, therefore, prays that the writ petition be dismissed.
6. In my considered view, once the decision in Dulari Devi (supra) has clarified the rule position, the impugned order has to be tested on those parameters alone. Merely because the impugned order was passed before the decision in Dulari Devi (supra) was rendered, cannot be a ground to uphold when it is admittedly contrary to the ratio of the decision in Dulari Devi (supra). Similarly, the mere pendency of an appeal assailing the said decision without there being any stay can also not be a ground to deny pension to the petitioner.
7. In the light of the aforesaid, the impugned order dated 16.02.2023 being unsustainable is set aside and the writ petition is, accordingly, allowed by directing the respondent to consider within six weeks, the petitioner's case for pension in terms of the directions issued in Dulari Devi (supra). This order will, however, remain subject to any further orders as may be passed by the Division Bench in LPA No. 372/2023.
8. The writ petition is disposed of in the aforesaid terms REKHA PALLI, J MAY 29, 2023/sr 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 08/10/2023 at 00:17:52