Ajay Singh v. Union Of India & ORS.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11177/2024 AJAY SINGH .....Petitioner Through:

Mr. Abhay Kumar Bhargava and Mr.

Satyaarth Sinha, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Shoumendu Mukherji, SPC with Ms. Megha Sharma, Ms. Akanksha Gupta and Mr. Vedansh Anand, Advs. for UOI.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 13.08.2024 1.

The petitioner, whose services were terminated under Rule 25 of the BSF Rules, 1969 on 24.04.2024 on account of a disability which was found to be aggravated by service, has approached this Court under Article 226 of the Constitution of India seeking the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to award the petitioner the benefits of disability cover under "Golden Jubilee Seema Prahari Kalyan Kawach" wherein compensation for disability between 1% to 50% is Rs. 15 along with 12% interest from the date of the disability considered by the BSF Medical Board.

b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to award the petitioner the 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 17/08/2024 at 14:30:19

benefits of disability cover (i.e., total compensation of Rs. 50 lacs) flowing from Para Military Salary Package (PMSP) account by the SBI, along with 12% interest from the date the date of the disability considered by the BSF Medical Board.

2.

After some arguments, learned counsel for the petitioner submits that for the present, the petitioner would be satisfied in case this Court were to direct the respondents to treat the present petition as a representation. 3.

Issue notice.

4.

Learned counsel for the respondents accepts notice and has no objection to this limited request of the petitioner. 5.

In the light of the stand taken by the parties, this writ petition is disposed of by directing the respondents to treat the present writ petition as a representation and pass a reasoned and speaking order thereon within a period of 12 weeks' from today.

6.

Needless to state, in case the petitioner is aggrieved by any order passed by the respondents, it will be open for the petitioner to seek legal recourse as permissible in law.

REKHA PALLI, J SHALINDER KAUR, J AUGUST 13, 2024 ab 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 17/08/2024 at 14:30:19