Delhi High Court - Orders
Brijesh Chanderpal And Ors vs Govt Of Nct Of Delhi, Through Its ... on 3 June, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9007/2022
BRIJESH CHANDERPAL AND ORS ..... Petitioner
Through: Mr. Rajesh Pathak with Mr. Harsh
Raj, Advs.
versus
GOVT OF NCT OF DELHI, THROUGH ITS SECRETARY
(POWER) & ORS. ..... Respondent
Through: Ms.Pavitra Kaur, Adv for GNCTD.
Mr.Meet Malhotra, Sr.Adv. with Mr.Anupam
Varma, Mr.Nikhil Sharma, Ms.Manu Tiwari,
Advs. for R-2 & 3.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 03.06.2022
1. The petitioners have approached this Court seeking the following reliefs:-
"A. Issue a writ of Mandamus to the respondents to refix the pension of the petitioners w.e.f. 1.1.2006 in terms of the para 5 .1.4 7 of the VI CPC recommendation, as accepted by the Resolution dated consequently arrears to be paid to the pensioners with effect from January 0 I, 2006 with 9% interest.
B. Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case."
2. On 02.06.2022 this Court after taking into account the fact that the petitioners had since received amounts towards arrears of their pension, had adjourned the matter to enable the learned senior counsel Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:03.06.2022 18:44:07 for the respondents to obtain instructions as to whether the respondents were willing to pay interest @ 6% per annum on the arrears.
3. Today, Mr.Malhotra, learned senior counsel for the respondent nos.2 & 3 submits that the said respondents are agreeable to pay interest @ 6% per annum, but only w.e.f. November, 2018, when according to the respondents their liability stood crystallised.
4. Learned counsel for the petitioners, however, submits that interest should be paid by the respondents w.e.f. 2006, which is not acceptable to the respondents.
5. In these circumstances, the writ petition is required to be heard on merits. Accordingly, the respondents are granted six weeks time to file counter affidavit. Rejoinder thereto, if any, be filed before the next date.
6. List on 18.10.2022.
REKHA PALLI, J JUNE 3, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:03.06.2022 18:44:07