Delhi High Court - Orders
Jai Singh Saharan And Ors vs Union Of India And Ors on 18 May, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait, Neena Bansal Krishna
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6714/2023
JAI SINGH SAHARAN AND ORS ..... Petitioners
Through: Mr. Ankur Chhibber, Mr. Anshuman
Mehrotra, Mr. Nikunj Arora and Mr.
Arjun Pawar, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Ranvir Singh CGSPC along with
Mr. Rudra Paliwal G.P. and Sh.
Hemendra Singh DC (Law), BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 18.05.2023 CM APPL. 26282/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
W.P.(C) 6714/2023
3. The petitioners have filed the present petition under Article 226/227 of the Constitution of India seeking following prayers:
"(i) Issue a writ of mandamus to quash the order dated 25.04.2022 and all subsequent letter arising thereof whereby the Representations of the Petitioners for the grant of3rd MACP for fixing pension of the Petitioners has been arbitrarily rejected by the Respondents; and
(ii) Issue a writ of mandamus directing the Respondents to grant the benefit of 3rd MACP to the W.P.(C) 6714/2023 Page 1 of 2 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 24/09/2023 at 12:59:58 Petitioners upon completion of their 30 years service in the cadre respectively before them attaining age of 60 years and to thereafter revise the basic pay and the pension of the Petitioners along with arrears of pension as payable with all consequential benefits and interests; and
(iii) Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case."
4. Learned counsel appearing on behalf of the petitioner submits that case of the petitioners is covered in paragraph 72 of the judgment dated 31.01.2019 passed in W.P. (C) 1951/2012 titled Dev Sharma vs. Indo Tibetan Border Police & Anr., by this Court.
5. Issue Notice.
6. Mr. Ranvir Singh learned counsel for the respondents accepts Notice on behalf of the respondents and seeks time to take instructions and to assist this Court on the next date of hearing.
7. Renotify on 31.05.2023.
SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J MAY 18, 2023/va W.P.(C) 6714/2023 Page 2 of 2 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 24/09/2023 at 12:59:58