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Delhi High Court - Orders

Comdt Lal Singh Yadav And Anr vs Union Of India on 13 August, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~43
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 8375/2021
                                     COMDT LAL SINGH YADAV AND ANR                         ..... Petitioners
                                                        Through:     Mr. Kushal Choudhary, Advocate.

                                                        versus

                                     UNION OF INDIA                                      ..... Respondent
                                                   Through:          Mr. Vikram Jetly, CGSC.

                                     CORAM:
                                     HON'BLE MR. JUSTICE MANMOHAN
                                     HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 13.08.2021 The petition has been heard by way of video conferencing. Present writ petition has been filed challenging the order dated 11th May, 2021 passed by the Respondent Ministry of Home Affairs. Petitioners also seek directions to the Respondents to grant the benefit of NFFU (Non- Functional Financial Upgradation) to the personnel of Assam Rifles in pursuance to the judgments and orders dated 3rd September 2015, 15th December 2015 and 5th February 2019 passed in the matters of G.J. Singh and Ors. vs. Union of India and Ors.; Karuna Nidhan vs. Union of India and Union of India vs. Sh. Harananda & Ors.

Learned counsel for the Petitioners states that by way of the aforesaid judgments, this Court has already set aside the decision of the Respondent and granted NFFU benefit to Group A officers serving in CRPF, BSF and Indo-Tibetan Border Police. He states that the appeal of the Respondents Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.08.2021 11:34:53 challenging the aforesaid judgments had been dismissed vide order dated 5th February 2019 by the Supreme Court in the matter of Union of India v. G.J. Singh and Union of India v. Karuna Nidhan.

However, a perusal of the memo of parties reveals that both the petitioners had superannuated quite some time back. Consequently, this Court is of the prima facie view that the present petition is barred by laches.

Learned counsel for the petitioner prays for some time to address arguments on this issue.

List on 7th September, 2021.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J NAVIN CHAWLA, J AUGUST 13, 2021 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:15.08.2021 11:34:53