Ex Inspector Gd Nanda Ballabh v. Union Of India & ORS.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12251/2024 EX INSPECTOR GD NANDA BALLABH .....Petitioner Through:

Mr. Abhay Kumar Bhargava and Mr.

Satyaarth Balajee Sinha, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Krishna Kumar Sharma, SPC with Mr. Kautilya Birat, Mr. Pradeep Tiwari and Mr. Ravi Sharma, Advs.

for UOI.

CORAM:

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

O R D E R

% 05.09.2024 1.

The petitioner, who has superannuated from the Border Security Force (BSF), has approached this Court under Article 226 of the Constitution of India seeking a direction to the respondents to release his revised pension in terms of orders dated 11.11.2019 and 19.02.2024 issued by the Commandant, 131 Battalion, BSF in a time bound manner. 2.

On 03.09.2024, when the writ petition was taken up for preliminary consideration, learned counsel for the respondents was granted time to obtain instructions as to why the petitioner's revised pension had still not been released.

3.

Today, he submits that it is only respondent no. 3, which has to take action in this regard and therefore, prays that the petitioner may be directed 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 07/09/2024 at 14:35:52

to approach respondent no. 3 for release of his revised pension. 4.

Even though taking into account that the learned counsel is representing respondent no. 3 as well, we are a little surprised at this stand taken by him as we would have expected him to take appropriate instructions from respondent no. 3 during the time granted by this Court. 5.

Be that it may be, we dispose of the present petition with directions to respondent no. 3 to ensure that the petitioner's revised pension in terms of the orders dated 11.11.2019 and 19.02.2024 issued by the Commandant, 131 Battalion, BSF is released to him within a period of eight weeks. It is, however, made clear that in case, any further documents for release of pension to the petitioner are required by the respondents, the petitioner will be duly informed through counsel. We further direct that subject to the petitioner submitting any additional documents, if required, payment in terms of the aforesaid orders dated 11.11.2019 and 19.02.2024 is not made to the petitioner within a period of eight weeks as directed, the same will bear interest @ 6% per annum.

6.

Further, even though, the respondent no. 3 is being represented by a counsel, in order to ensure compliance of this order, we direct that a copy of this same be forwarded to respondent no. 3.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 5, 2024/ss 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 07/09/2024 at 14:35:52