High Court of DelhiLPA/84/2018

The Reserve Bank Of India & ANR v. Om Wati

2019-01-09Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 84/2018 & C.M. Appl.No. 8495/2018 (stay) THE RESERVE BANK OF INDIA & ANR.

..... Appellants Through:

Mr. Suhail Dutt, Sr.Advocate with Mr. H.S.Parihar, Mr. Kuldeep Parihar, Mr.Azhar Alam & Mr. Sankalp Goswami, Advocates versus OM WATI ..... Respondent Through:

Mr. Seshatalpa Sai Bandaru and Mr. Hira Dagar, Advocates

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 09.01.2019

1. The Reserve Bank of India ('RBI') has filed an appeal against the order dated 10th January, 2018 of the learned Single Judge disposing of the writ petition filed by the Respondent and directing the RBI to sanction her 'compassionate allowance' from the date of the application within a period of six weeks.

2. At the time of issuance of notice in the present appeal on 6th March, 2018 this Court directed that subject to RBI depositing in the Court the entire amount of compassionate allowance in terms of the impugned order passed by the learned Single Judge, the operation of the impugned order would remain stayed.

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3. Pursuant thereto the RBI has deposited Rs.82,878/- for being released to the Respondent. That amount has since been released to her.

4. Without entering into merits of the case, the Court notices that the Respondent lost her husband, who was earlier working in the RBI, in 2004. Her son has also abandoned her. It was in those circumstances that the learned Single Judge was persuaded to issue the directions in the impugned judgment.

5. In the peculiar facts and circumstances and considering the amount involved, the Court is not inclined to interfere with the impugned order of the learned Single Judge. However, the Court makes it clear that order of the learned Single Judge will not constitute a precedent and all contentions of the RBI raised in the present appeal and in particular in respect of RBI Pension Regulations, 1990 are left open for consideration in an appropriate case.

6. The appeal and the application are disposed of in the above terms. The interim order is vacated.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

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