High CourtsDivision Bench

Sukhbir Singh vs Union Of India & Ors

Delhi High Court · Decided on 17 August 2021 · Citation: (2021) 08 DEL CK 0106

HON’BLE JUDGES
Manmohan, J · Navin Chawla, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8567 Of 2021

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Judgment

20 paragraphs · 379 words

Manmohan, J

1.

The petition has been heard by way of video conferencing.

2.

Present writ petition has been filed seeking direction to the Respondent to prepare Pension Payment Order of petitioner and consequently release

pension and other retiral benefits of petitioner.

3.

Learned counsel for the Petitioner states that the Petitioner was enrolled as Constable in Railway Protection Force. She states that due to

compelling domestic circumstances the petitioner applied for voluntary retirement from service and retired with effect from 30th September, 2020.

4.

She states that since the petitioner had voluntarily retired from service after rendering necessary twenty years of service, the petitioner is fully

eligible for grant of pension and other retiral benefits. She points out that accordingly, the Pension Payment Order (PPO) of petitioner was required to

be prepared on the basis of last pay drawn by the petitioner i.e. the pay drawn by the petitioner in the month of September, 2020.

5.

She states that though almost a year has lapsed since petitioner voluntarily retired from service, yet till date neither Pension Payment Order of

petitioner has been prepared nor the pension and other retiral benefits have been released causing grave financial prejudice to petitioner and his family.

6.

Issue notice.

7.

Mr. Jagjit Singh, learned counsel for Railways accepts notice. He states that the Pension Payment Order has not been prepared as the petitioner

has not completed twenty years of service. However, this Court finds that no reason has been communicated to the petitioner for non preparation of

the Pension Payment Order as well as non-grant of pension and other retiral benefits.

8.

Accordingly, this Court directs that the present writ petition be treated as a representation to Respondent No.4, who shall decide the same within

eight weeks by way of a reasoned order in accordance with law after giving an opportunity of hearing to the petitioner.

9.

With the aforesaid direction, the present writ petition stands disposed of. Needless to say that in the event, the petitioner is aggrieved by the decision

of the Respondent No. 4, he shall be at liberty to file appropriate proceedings in accordance with law.

10.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.