Manna Mashish & ORS v. Union Of India & ANR

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 288/2018 & CM APPL. 20841/2018 MANNA MASHISH & ORS.

..... Appellants Through:

Mr. Arvind Sharma, Adv.

versus UNION OF INDIA & ANR.

..... Respondents Through:

Mr. Vivek Goyal, CGSC for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 14.11.2018 1.

Seeking exception to an order passed by the writ court on 19.01.2018 in W.P.(C) 219/2014, this appeal has been filed under Clause 10 of the Letters Patent.

2.

Appellants claim to be persons who were incarcerated in Pakistan and suffered physical loss, pain, torture and claiming compensation and rehabilitation, the writ petition was filed.

3.

The writ petition stands disposed of with a direction to the respondents to consider the case of the appellants and take a decision in the matter. We see no error in the order passed by the learned writ court issuing direction for considering the case of the appellants for grant of ex gratia payment in identical situation in the case of Gopal Dass v. Union of India & Anr., LPA No.270/2018. Based on directions issued by this Court, ex gratia LPA 288/2018

payment of Rs.4 lakhs was granted to the appellant therein Sh. Gopal Dass. 4.

Taking note of all these circumstances, for the present we are not inclined to enter into the merits of the matter. Instead, we direct that the representation of the appellants be considered, benefit granted to Sh. Gopal Dass (supra) or other similarly situated persons be taken note of and the representation for grant of ex gratia or rehabilitation package be considered and a decision taken preferably within a period of 3 months from the date of receipt of copy of this order.

5.

With the aforesaid, the appeal stands disposed of. The pending application also stands disposed of.

CHIEF JUSTICE V. KAMESWAR RAO, J NOVEMBER 14, 2018 kks LPA 288/2018