SUDHINDRA KUMAR SINGH  Vs UNION OF INDIA AND ORS -Judgment by Delhi High Court

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 31, 2023
+ W.P.(C) 17575/2022
SUDHINDRA KUMAR SINGH ….. Petitioner
Through: Mr. Ankur Chhibber, Mr. Himanshu Tiwari, Mr. Anshuman Mehrotra, Mr. Nikunj Arora and Mr. Arjun Panwar, Advocates
versus

UNION OF INDIA AND ORS …. Respondents
Through: Mr. Himanshu Pathak, Sr. Panel Counsel with Mr. Vedansh Anand, GP, Mr. S.N. Yadav, Commandant Cofd BSF, Mr. Hemendra Singh, DC (Law), BSF and Mr. M. Raja Khan, Comd. Law, BSF
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
1. Vide the present petition, the petitioner is seeking quashing of orders dated 14.07.2020 and 05.12.2019 to the extent whereby the petitioner has been granted the benefit from wrong and belated date whereas the petitioner is eligible for the NFSG w.e.f. 16.06.2003; directions to the respondents to disburse the benefit of NFSG to the petitioner w.e.f. the correct date i.e. 16.06.2003 instead of 16.06.2005 along with arrears, interests and all consequential benefits.
2. Learned Senior Panel Counsel for respondents, on instructions, submits that the petitioner is eligible for NFSG w.e.f. 16.06.2003 and to this effect, a proposal has already been sent by DG, BSF/respondent No.2 to Ministry of Home Affairs/respondent No.1 for consideration.
3. Accordingly, we hereby direct the respondent No.1/Ministry of Home Affairs to take a final decision on the proposal sent by DG, BSF/respondent No.2 within 8 weeks from today after completing all formalities.
4. Since the proposal has already been sent by respondent No.2 to Ministry of Home Affairs/respondent No.1 for considering the case of the petitioner, therefore, the orders dated 05.12.2019 and 14.07.2020 are hereby quashed.
5. With the aforesaid directions, the present petition is disposed of.
6. Needless to say, if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.

(SURESH KUMAR KAIT)
JUDGE

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 31, 2023/rk
Neutral Citation Number: 2023/DHC/000701

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