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# HIGH COURT OF DELHI
W.P.(C) 7828/2013
RETIRED RAILWAY MEDICAL OFFICERS ASSOCIATION &
ORS Petitioners
Through: Dr. Rakesh Gosain, Advocate.
W.P.(C) 7828/2013
RETIRED RAILWAY MEDICAL OFFICERS ASSOCIATION &
ORS Petitioners
Through: Dr. Rakesh Gosain, Advocate.
VERSUS
UNION OF INDIA & ORS ..... Respondents
Through: Mr.AnkurChhibber,Advocate for R-1 &2.
Mr. V.S.R. Krishna, Advocate for R-3.
Through: Mr.AnkurChhibber,Advocate for R-1 &2.
Mr. V.S.R. Krishna, Advocate for R-3.
W.P.(C) 4840/2014 & CM No. 9664/2014
SURESH CHANDRA GUPTA Petitioner
Through: Mr. Amit George with Mr. Ashish Kumar Pandey & Ms. Rajasree Ajay, Advocates.
SURESH CHANDRA GUPTA Petitioner
Through: Mr. Amit George with Mr. Ashish Kumar Pandey & Ms. Rajasree Ajay, Advocates.
VERSUS
UNION OF INDIA Respondent
Through: Mr. Deepak Jain, Sr. Standing Counsel with Ms. Aditi Tomar, Advocate for R1.
Ms. Mrinalini S. Gupta with Ms. Ruhi Chopra, Advocates for R-2.
Ms. A.S. Dateer, Advocate for Railways.
Through: Mr. Deepak Jain, Sr. Standing Counsel with Ms. Aditi Tomar, Advocate for R1.
Ms. Mrinalini S. Gupta with Ms. Ruhi Chopra, Advocates for R-2.
Ms. A.S. Dateer, Advocate for Railways.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE LS.MEHTA
22.01.2015 The petitioner No.l is an association representing the interests
2015:DHC:11476-DB of retired railway Doctors claiming the benefit of Non Practising
Allowance (NPA) and stepping up of theirpension.
Dr. Rakesh Gosain, counsel appearing for the petitioners, submits that the Hon'ble Supreme Court vide its decision dated
27.11.2013 in Civil Appeals No.10640-46/2013 mDr. K.C. Bajaj &
Ors. V. Union of India and Ors., has given directions to the respondents to recalculate the pensions payable to the appellants therein by adding the element ofNPA after setting aside and quashing the O.M. dated 17.12.1998 and orders passed to the contrary by the learned Tribunal as also by this Court. The counsel further submits that now the issue is no more res integra and therefore, the petitioners are also entitled to the benefit ofNPA which will add totheir pension amount.
Mr.Deepak Jain, the counsel who appears on behalf of the
Railway Board, submits that vide a recent decision taken by the
Railway Board dated 21.1.2015, a decision has been taken in favour of one Dr. Suresh Chandra Gupta post his retirement to extend the said benefit ofNPA.
Taking into consideration the said decision taken by the
Ministry of Railways dated 21.1.2015 and the
HON'BLE MR. JUSTICE LS.MEHTA
22.01.2015 The petitioner No.l is an association representing the interests
2015:DHC:11476-DB of retired railway Doctors claiming the benefit of Non Practising
Allowance (NPA) and stepping up of theirpension.
Dr. Rakesh Gosain, counsel appearing for the petitioners, submits that the Hon'ble Supreme Court vide its decision dated
27.11.2013 in Civil Appeals No.10640-46/2013 mDr. K.C. Bajaj &
Ors. V. Union of India and Ors., has given directions to the respondents to recalculate the pensions payable to the appellants therein by adding the element ofNPA after setting aside and quashing the O.M. dated 17.12.1998 and orders passed to the contrary by the learned Tribunal as also by this Court. The counsel further submits that now the issue is no more res integra and therefore, the petitioners are also entitled to the benefit ofNPA which will add totheir pension amount.
Mr.Deepak Jain, the counsel who appears on behalf of the
Railway Board, submits that vide a recent decision taken by the
Railway Board dated 21.1.2015, a decision has been taken in favour of one Dr. Suresh Chandra Gupta post his retirement to extend the said benefit ofNPA.
Taking into consideration the said decision taken by the
Ministry of Railways dated 21.1.2015 and the
ORDER
of the Apex
Court, we are of the view that these railway Doctors who are pre or post retiree employees of 1996 are entitled to the benefit of said NPA for calculation of their pension and therefore, we direct the respondents to recalculate the pension payable to members of the petitioner association adding the benefit of NPA and releasethe same in their favour within six months from the date ofthis order. w
So far as W.P.(C) No.4840/2014 is concerned, it is stated that the respondent has already taken the aforesaid decision and they shall implement the same and the arrears will be paid by the respondent within a period ofsix weeks in favour ofthe petitioner therein.
The writ petitions stand disposed of JANUARY 22, 2015 srb
KAILASH GAMBfflR, J [TA, J
Court, we are of the view that these railway Doctors who are pre or post retiree employees of 1996 are entitled to the benefit of said NPA for calculation of their pension and therefore, we direct the respondents to recalculate the pension payable to members of the petitioner association adding the benefit of NPA and releasethe same in their favour within six months from the date ofthis order. w
So far as W.P.(C) No.4840/2014 is concerned, it is stated that the respondent has already taken the aforesaid decision and they shall implement the same and the arrears will be paid by the respondent within a period ofsix weeks in favour ofthe petitioner therein.
The writ petitions stand disposed of JANUARY 22, 2015 srb
KAILASH GAMBfflR, J [TA, J