M.S. Tomer v. National Commission For Scheduled Castes & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9974/2017 M.S. TOMER ..... Petitioner Through Mr. Prasouk Jain, Mr. Karan Sinha, Mr.

Abhijit Tripathi and Ms.

S.

Mohapatra, Advs. with petitioner versus NATIONAL COMMISSION FOR SCHEDULED CASTES & ANR ..... Respondents Through Mr. Rajat Arora, Mr. Murad Khan and Mr. Niraj Kumar, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 14.01.2019 Vide the present petition, the petitioner challenged the order dated 6.10.2017 whereby the representation dated 25.09.2017 has been dismissed.

The petitioner was dismissed from service vide order dated 31.12.2005. Thereafter, he made representation dated 1.9.2017 and 25.09.2017 for grant of compassionate allowance under Regulation 31 of Bank of India Pension Regulation.

The order dated 6.10.2017 is not reasoned and has nothing said about the Regulation mentioned above.

Consequently, I set aside the impugned order dated 6.10.2007 and direct the respondents to decide the representation afresh of the

petitioner keeping in view the Regulation 31 mentioned above and the decisions taken in and D. Kalaichelvan v. Union Bank of India and Ors. in WP(C) No. 15766 of 2013, within four weeks from the receipt of this order.

I hereby made clear that before passing the order on the representation, a personal hearing shall also be given to the petitioner. Petition is disposed of accordingly.

SURESH KUMAR KAIT, J JANUARY 14, 2019 gb