R S JINDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition has been filed for appropriate directions directing the respondent/DDA to determine and pay petitioner's entitlement of pension and other retiral benefits as per pension rules. The case of the petitioner is that the petitioner was compulsorily retired from service as Chief Engineer of DDA on 23rd December, 1985. Aggrieved by the said action of the respondent, the petitioner filed a writ petition bearing No. 168/86 before Division Bench of this Court and the Division Bench allowed the said writ petition vide order dated 15th December, 1986.

(2.) Delhi Development Authority (DDA) filed an SLP in the Supreme Court and the following order was passed by the Supreme Court:

(3.) The petitioner was re -instated in service as Chief Engineer pursuant to the order passed by the Supreme Court and superannuated on 3rd December, 1993. Supreme Court on 8th December, 1994 in view of the decision of Baikunthanath Das and Anr. v. Chief District Medical Officer, Baripada and Anr., 1992 (2) SCC 299, allowed the petitioner to withdraw the petition filed by the petitioner in the High Court of Delhi with the direction to the petitioner to approach the DDA for getting an appropriate order on his entitlement to the pension. However, keeping in view the fact that the respondent (petitioner herein) has worked from 1985 to 1993 with the respondent/DDA, salary paid to the petitioner during that period was not to be recovered as per the direction of the Supreme Court. A further direction was also issued that it would be open for the petitioner to make an application to the authorities for fixing his pension with the direction to the DDA to fix such pension according to rules.