Jai Prakash Mourya & ANR. v. Union Of India & ORS.

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 998/2026 JAI PRAKASH MOURYA & ANR.

.....Petitioners Through:

Mr. Himanshu Gautam, Ms. Niharika Gautam, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Gaurav Mishra, CGSC.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.01.2026 1.

The petitioners herein are Officers of the Indian Coast Guard who have superannuated at the age of 57 years. The prayer in the writ petition is the following:

"a. Issue a writ order or direction in the nature of mandamus directing the Respondents to reinstate the Petitioners in the service with all consequential benefits.

b. Issue a writ order or direction in the nature of mandamus directing the Respondents to allow the Petitioners to continue in Service till they attain age of 60."

2.

The submission of the learned counsel for the petitioner is that the judgment of this Court in the case of Cheeli J Ratnam v. Union of India 2025 SCC OnLine Del 8573, which decided the issue, is dated 24.11.2025 whereas the petitioners have retired on 30.11.2025 i.e., after the judgment was rendered by this Court in Cheeli J Ratnam (supra). 3.

We find that a Coordinate Bench of this Court in WPC 19484/2025 titled as Atul Chandrakant Dandekar & Ors. Vs UOI & Ors. has granted 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 29/01/2026 at 15:00:22

the benefit of the judgment of this Court in Cheeli J Ratnam (supra) to the petitioners therein.

4.

Though the petitioners therein have superannuated before the judgment in the case of Cheeli J Ratnam (supra), but they were still given the benefit of the judgment. That being the position, the petitioners herein stand on a better footing than the petitioners in Atul Chandrakant Dandekar (supra). We hold the petitioners are also entitled to the benefit of the judgment in the case of Cheeli J Ratnam (supra), which order has remained unchallenged till date.

5.

Accordingly, the petitioners are directed to be reinstated in service. However, the salary and other benefits to which the petitioners could be entitled, consequent on reinstatement would be conditional on the petitioners in the first instance returning all the retirement benefits which they have been paid.

6.

The learned counsel for the petitioners states that the necessary payment would be made by the petitioners to the respondents within eight weeks.

7.

Thereupon, the petitioners would be entitled to continue in the service till the age of sixty with all consequential benefits. 8.

The writ petition is disposed of.

V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JANUARY 23, 2026 rt 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 29/01/2026 at 15:00:22