Pradeep Kumar And ORS. v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 623/2019 PRADEEP KUMAR AND ORS.

..... Petitioners Through Mr. S.P. Saxena, Adv.

versus UNION OF INDIA AND ORS.

..... Respondents Through Ms. Suparna Srivastava, CGSC with Ms. Nehul Sharma, Adv. for R-1 to R-5

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 21.01.2019 Vide the present petition, the petitioner seeks direction thereby directing the respondents to implement retirement benefits under retirement rules from the date of stood retired and relieved on 19-07-1994 conveyed decision on 19-04-1994 by the Additional Secretary, Cabinet Secretariat. Further seek direction thereby to re-calculate the retirement benefits of pension w.e.f. 19-07-1994 under CCS (Pension) Rules, 1972 only adjusting the amount paid to the petitioners under circular dated 21-05-1994 because the respondent no. 4 has accepted in 2017 that they had acted outside the purview of CCS (Pension) Rules, 1972 and issued circular dated 21-05-1994 which was without authority and denied the restoration of retirement benefits under rules.

In the present petition the petitioners worked up to 19.07.1994 and

taken VRS and accepted the same without any hesitation and without any representation thereafter to the respondents. Thus, the present petition suffers from delay and latches. Accordingly, the same is dismissed. SURESH KUMAR KAIT, J JANUARY 21, 2019 gb