Neelam v. Jai Kumar & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3421/2015 NEELAM ..... Petitioner Through : Ms.Priyanka Bhardwaj, Advocate.

Petitioner in person.

Versus

JAI KUMAR & ORS ..... Respondent Through : Mr. Parveen Tyagi, Advocate for R1. Mr. Anuj Aggarwal, ASC with Mr.Shubhondu Gupta, Advocate for R2, 3, 4.

Mr. Jai Kumar/respondent No. 1 in person.

Smt. Sheela, mother of deceased Sh.Jitender Kumar in person.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 29.04.2016 Review Petition No. 419/2015 & CM No. 17931/2015 in W.P.(C) 3421/2015 1.

The petitioner is present in person.

2.

The petitioner/Neelam was married to late Sh. Jitender Kumar, s/o Sh. Jai Kumar/ respondent No. 1 and Smt. Sheela, who was killed in an accident. At the time of his death, Sh. Jitender Kumar was serving with the Delhi Police. His widow Neelam was given compassionate appointment in Delhi Police by the letter dated 7th November, 1997. Page 1 o f 3

3.

Sh. Jai Kumar/respondent No. 1 and Smt. Sheela Devi, parents of late Sh. Jitender Kumar are also present.

4.

The respondent No. 1 has contended that the writ petitioner has failed to maintain them, which was an essential term of the compassionate appointment of the petitioner in Delhi Police. 5.

Mr. Anuj Aggarwal, learned Additional Standing Counsel appearing for respondent Nos. 2, 3 and 4 has drawn our attention to sub-Rule 10 A (a) of Rule 54 of the CCS Pension Rules, 1972 in support of his contention that the parents of Late Sh. Jitender Kumar would not be entitled to family pension.

6.

The petitioner as well as the parents of deceased Sh. Jitender Kumar are present in person and submit that before considering this writ petition on merits, they may be given one opportunity to explore the possibility of an amicable resolution of their disputes by recourse to mediation. 7.

We are also of the view that the present matter deserves an opportunity to be given to the parties for exploring the possibility of resolution of their disputes.

8.

In view of above and with the consent of parties, it is directed as follows:

(i) The Smt. Neelam/petitioner and Sh. Jai Kumar and Smt. Sheela would appear before the Delhi High Court Mediation and Conciliation Centre on 5th May, 2016 at 3.30 p.m., when efforts for a negotiated settlement by recourse to mediation would be made.

(ii) List on 22nd July, 2016 for reporting the outcome of mediation. GITA MITTAL, J I.S.MEHTA, J APRIL 29, 2016/j