BSES RAJDHANI POWER LTD vs KEWAL KRISHAN & ORS.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 11th November, 2025. Pronounced on : 24th December, 2025. + LPA 575/2023 & CM APPL. 39925/2023 BSES RAJDHANI POWER LTD .....Appellant Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Anupam Varma, Mr. Nikhil Sharma and Ms. Simran Kohli, Advs. versus KEWAL KRISHAN & ORS. .....Respondents Through: Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal & Mr. Karan Mann, Advs. Mrs. Avnish Ahlawat, SC (GNCTD) with Mr. N K Singh, Ms. Aliza Alam & Mr. Mohnish Sehrawat Advs. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT Per DINESH MEHTA, J. 1. The present Letters Patent Appeal has been preferred by the appellant being aggrieved by the judgment dated 23.05.2023, passed by learned Single Judge, whereby, learned Single Judge has allowed the writ petition filed by the respondents Nos. 1-7 (writ petitioners) and directed the present appellant (respondent No.2 in the writ petition) to grant pension to the petitioners from the date of their Voluntary Retirement alongwith arrears with interest @ 12% per annum from the date when the pension became due. 2. Mr. Sandeep Sethi, learned senior counsel appearing for the appellant, submitted that the learned Single Judge has erred in allowing the writ Signature Not Verified Digitally Signed By:NAVEEN KUMAR LPA 575/2023 Page 1 of 18 Signing Date:24.12.2025 14:43:33 petition filed by the respondents and directing the appellant to pay pension without properly adjudicating as to whether these employees were entitled for pension under the Central Civil Services (Pension) Rules, 1972 (hereinafter referred to as „Pension Rules of 1972‟) or not. 3. While taking the court through Special Voluntary Retirement Scheme, 2003 (hereinafter re