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High Court of DelhiCONT.CAS(C)/142/2026

Malti Thomas v. Col. Tahir Mustafa

2026-01-28Hon'Ble Mr. Justice Sachin Datta3 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 142/2026 MALTI THOMAS .....Petitioner Through:

Ms. Pratima K. Gupta and Mr.

Abhisumat Gupta, Advs.

versus COL. TAHIR MUSTAFA .....Respondent Through:

Dr. Swaroop George, Mr. Mobashshir Sarwar, Mr.Abhinandan Jain, Mr.

Shivam Prajapati, Mr. Abhigyan Dwyvedi and Mr. Takrim Ahsan Khan, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 28.01.2026 CM APPl.4948/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CONT.CAS(C) 142/2026 3.

The present petition alleges wilful disobedience / non-compliance of the directions contained in the order dated 31.10.2025, passed in W.P.(C) 16510/2025. The operative directions therein are as under: "6. Without commenting upon the merit of the case, considering that the issue of pension is involved and the petitioner is a super senior citizen, this petition is disposed of directing the respondent to decide the matter arising from issuance of the impugned show cause notice in accordance with law within eight weeks from today after providing an opportunity of hearing to the petitioner or through her representative.

7. In order to avoid any further complication, let the petitioner within one week give the email or the mode of correspondence for informing the date fixed for personal hearing.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8. The petition is disposed of. All pending applications are disposed of."

4.

Learned counsel for the petitioner submits that the said directions have not been complied with and yet disbursal of the petitioner's pension has been stopped since October, 2025.

5.

Issue notice.

6.

Learned counsel, as aforesaid, accepts notice on behalf of the respondent. He submits that the necessary exercise, as contemplated vide order dated 31.10.2025, is in the process of being completed. He submits that the matter shall be placed before the Executive Council of the concerned University for taking of appropriate decision. 7.

Given the evident unreasonableness in discontinuing the petitioner's pension, learned counsel for the respondent fairly submits that the disbursal of pension to the petitioner shall be resumed immediately and the arrears of pension w.e.f. the date of stoppage, shall also be duly released to the petitioner.

8.

Let the arrears be paid as expeditiously as possible and in any event within a period of four weeks from today.

9.

It is agreed that the monthly pension shall continue to be disbursed on an ongoing basis, subject to the petitioner furnishing a Life Certificate. 10.

Learned counsel for the petitioner submits that the requisite Life Certificate shall be submitted within a period of two days from today. 11.

It is assured by learned counsel for the respondent that the Executive Council of the University shall take an appropriate decision, taking into account the grievance of the petitioner and the fact that pension has been disbursed to the petitioner continuously since 2004. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

No further orders are required to be passed in the present petition. 13.

The same is accordingly, disposed of.

SACHIN DATTA, J JANUARY 28, 2026/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.