Rohit Mann vs Govt Of NCT Of Delhi & Ors.

DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)

Having heard learned counsel representing the parties and perused the averments made in the instant application, the application is allowed and delay of 73 days in filing the appeal is condoned.

The application stands disposed of.

The instant intra-court appeal seeks to challenge an order dated 11.02.2026 passed by the learned Single Judge in CM APPL.9324/2026 whereby, prayer for recalling order dated 11.02.2026 has been rejected.

The appellant also seeks to challenge the order dated 09.01.2026 passed by the learned Single Judge in W.P.(C) 10842/2024 whereby, the writ petition was disposed of with the liberty to appellant to challenge the order rejecting his claim espoused in the writ petition by way of filing a fresh writ petition.

The writ petition was filed by the legal heirs of late Mr. Satish Kumar with a prayer to grant compensation to them in terms of the Cabinet Decision No.2835 dated 13.05.2020 and also to grant claims under the Pradhan Mantri Garib Kalyan Package (PMGKP) along with interest on such claims and also payments of compensation on account of mental agony and harassment.

During pendency of the writ petition, which was instituted on 26.07.2024, the SDM concerned vide his letter dated 14.11.2024 communicated a decision of the Group of Ministers held in its meeting dated 08.08.2024, to the Director, Delhi Fire Service where the deceased employee was employed. The said letter/communication dated 14.11.2024 was enclosed along with the Status Report filed in the proceedings of the writ petition before the learned Single Judge.

In view of the aforesaid letter/communication dated 14.11.2024, learned Single Judge while disposing of the writ petition vide order dated 09.01.2026 disposed of the writ petition giving liberty to the appellant to challenge the said decision communication vide letter dated 14.11.2024.

Accordingly, we do not find any infirmity in the order dated 09.01.2024, for the reason that the appellant for putting forth his claim needs to challenge the said communication dated 14.11.2024 along with the decision of the of Group of Ministers taken in its meeting held on 08.08.2024.

In view of the aforesaid, the application seeking recall of the order dated 09.01.2026, has also thus, been rightly rejected by the impugned order dated 11.02.2026 by the learned Single Judge.

We do not, thus, find any infirmity in the impugned orders, the appeal is, therefore, dismissed. We, however, provide that as already permitted by learned Single Judge, the appellant shall be at liberty to institute proceedings of a fresh petition taking all the pleas which may be available to him under law and also challenging the communication dated 14.11.2024 and the decision of the Group of Ministers taken in its meeting dated 08.08.2024.

If any such proceedings of writ petition are instituted afresh, the same shall be decided with due expedition.