Kishan Lal & Ors. v. Union of India & Anr.

Delhi High Court · 19 May 2023 · 2023:DHC:3536-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 6838/2023
2023:DHC:3536-DB
administrative other

AI Summary

The Delhi High Court directed the BSF authorities to treat the writ petition as a representation and decide the petitioners' claim for service benefits within four months, emphasizing exhaustion of administrative remedies before judicial intervention.

Full Text
Translation output
NEUTRAL CITATION NUMBER: 2023:DHC:3536-DB
W.P.(C) 6838/2023
HIGH COURT OF DELHI
Date of Decision: 19th May, 2023
W.P.(C) 6838/2023
KISHAN LAL & ORS. ..... Petitioners
Through: Mr. Abhay Kumar Bhargava & Mr. Satyarth S. Sinha, Advocates.
VERSUS
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Jashwinder Singh, Sr.
Panle Counsel & Mr. Sahib Gurdeep Singh, Govt. Pleader for UOI.
Mr. Hemendra Singh, DC (Law) BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide the present petition, the petitioners are seeking following reliefs: “a.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF, to grant the benefits of the higher pay to the petitioner from the date they qualified the conversion test, or alternatively; b.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF, to grant the benefits MACP scheme to the petitioners, reckoning from the date they reported to Trade Course; c.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF to grant the arrears and other related benefits to the petitioners with the NEUTRAL CITATION NUMBER: 2023:DHC:3536-DB W.P.(C) 6838/2023 interest of 12% as per the settled law”

2. Mr. Jashwinder Singh, Senior Panel Counsel for the respondents, submits that the petitioners have not made any representation before the respondents for the aforesaid reliefs.

3. Accordingly, we hereby dispose of the present petition directing the respondents to treat the present petition as a representation of the petitioners and decide the same within four months from today with a reasoned order.

4. The decision, so taken, shall be communicated to the petitioners within one week thereafter.

5. Accordingly, the present petition is disposed of.

6. Needless to state that if the petitioners are still aggrieved by the decision of the respondents, they may challenge the same before the appropriate forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MAY 19, 2023 S.Sharma