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HIGH COURT OF DELHI
Date of Decision: 24th March, 2023
PRADEEP KUMAR AGARWAL ..... Petitioner
Through: Mr. Shivam Srivastava, Advocate
Through: Mr. Jatin Singh, Senior Panel Counsel with Ms. Avshreya Pratap
Singh Rudy, GP
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Vide the present petition, petitioner is seeking directions to respondents to pay an interest @ 18% per annum to petitioner over the pensionary benefits w.e.f. 21.02.2023 till realization, to pay an amount of Rs.[5] lacs in form of monetary compensation and Rs.[2] lacs towards legal expenses borne by the petitioner.
2. It is not in dispute that petitioner has retired from service on 31.08.1986 and the since pensionary benefits were not granted by the respondents, he filed C.W. No. 7273/1999 which was disposed of vide order dated 15.09.2000 observing as under: “Learned counsel for the respondents, on instructions from Lt.Ruby Singh, who is present in Court, states that the deficiency in 12:11 Neutral Citation Number: 2023:DHC:2156-DB W.P.(C) 2986/2023 the pensionable service has been condoned and the forms have already been sent and that the petitioner would get his pension in accordance with the Rules. In view of the above statement, the petition does not survive and the same is dismissed as not surviving. However, the petitioner will be at liberty to approach this Court for revival of this petition if the communication received by him is contrary to the statement made by the counsel for the respondents.
3. It is further not in dispute that pursuant to the aforesaid order dated 15.09.2000, petitioner had received pension as well as arrears. Now, vide the present petition, petitioner seeks interest on arrears which is barred by virtue of delay and laches.
4. In view of above, present petition is dismissed.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE MARCH 24, 2023 12:11