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High Court of DelhiW.P.(C)/3465/2018

Shri A.N. Bhalla v. Union Of India & ORS

2018-04-10Hon'Ble Ms. Justice Hima Kohli,Hon'Ble Ms. Justice Pratibha Rani2 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3465/2018 SHRI A.N. BHALLA ..... Petitioner Through:

Mr.Ajay Bhalla, Mr.H.D.Sharma & Mr.Satya Saharawat, Advocates versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.Vivek Goyal, CGSC for UOI with Mr.Harsh Pandit & Mr.Rajeev Ranjan Shahi, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 10.04.2018 1.

Learned counsel for the petitioner states that pursuant to an OM dated 26.06.2017 issued by the Government of India directing restoration of full pension to the absorbee pensioners in terms of the orders of the Supreme Court dated 01.09.2016 passed in Civil Appeal Nos. 6048/2010 and 6371/2010, the petitioner, who had taken premature retirement from the BSF with effect from 30.04.1984, had made a representation dated 04.08.2017, requesting the respondents to restore his full pension w.e.f. 17.04.2001, in terms of OM dated 26.06.2017.

2.

Mr.Ajay Bhalla, learned counsel for the petitioner states that the respondents have not taken a decision on the aforesaid representation till date despite personal visits of the petitioner. Hence the present petition. W.P.(C) 3465/2018

3.

Issue notice.

Mr.Vivek Goyal, learned counsel for the respondents/UOI accepts notice and states that he has no instructions. 4.

Having regard to the fact that respondents have not taken a decision on the petitioner's representation dated 04.08.2017 so far, we deem it appropriate to dispose of the present petition at the stage of admission by directing the respondents to consider the petitioner's pending representation in accordance with the legal position stated therein and convey the decision taken by passing a speaking order under written intimation to the petitioner within six weeks from today.

5.

If aggrieved by the decision that may be taken, the petitioner shall be entitled to take appropriate legal recourse.

6.

The petition is disposed of.

HIMA KOHLI, J.

PRATIBHA RANI, J.

APRIL 10, 2018 „pg‟ W.P.(C) 3465/2018