$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010390712026 + W.P.(C) 12176/2026, CM APPL. 56388/2026 – EXMP. FROM FILING ORIGINAL / CERTIFIED / TYPED / TRANSLATED COPIES ALOK KUMAR .....Petitioner Through: Ms. Mukti Chowdhary, Advocate. Versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Radhika Bishwajit Dubey, CGSC with Mr. Bipul Kumar, GP, Ms. Gurleen Kaur Waraich, Mr. Kritarth Upadhyay, Mr. Amulya Dev Mishra and Mr. Saksham Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 10.09.2026 1. The present petition has been filed under Article 226 of the Constitution of India, 1950, for quashing of the impugned order dated 2nd April, 2026, with a declaration that the cardiac event of 13th May, 2023, suffered by the petitioner, had occurred during and in consequences of bona fide government duty. A further prayer for Court of Inquiry or an equivalent inquiry is sought, so as to grant benefit under the CCS (Extraordinary Pension) Rules, 2023. 2. The factual matrix in the present petition has led us to pass an order on 20th August, 2026, that the aforesaid Rules of 2023 covers the event of heart attack/cardio related diseases caused because of stress and strain in the Schedule prescribed thereunder. 3. Apart from above, the judgment in the matter of Sunita Devi v. Union of India and Others, 2025 SCC OnLine Del 2836 also deals with the same issue. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:55:31 4. In such an eventuality, the least that was expected of the respondents was to conduct themselves in accordance with their own Rules of 2023. The Rules cast a duty on the respondent to immediately consider the claim of the petitioner under the provisions of the said Rules, if so required, by constituting a Court of Inquiry. 5. In our opinion, in the backdrop of the aforesaid legal provisions, the non- speaking impugned order dated 2nd April, 2026, is unsustainable, as the same goes contrary to the statutory mandate of Rules of 2023. That being so, the order dated 2nd April, 2026, passed by respondent no. 3 is hereby set aside. 6. The writ petition accordingly stands allowed in terms of prayer clauses (a) and (c), and the same stands disposed of. 7. Let the Court of Inquiry be completed in any case, within a period of six weeks from today, and appropriate decision as regards the entitlement of the petitioner under the Rules of 2023 be communicated to the petitioner within a period of two weeks thereafter. 8. In case if the findings of the Court of Inquiry are adverse to the interest of the petitioner, the latter is granted liberty to take appropriate steps in accordance with law. 9. Pending application(s), if any, also stands disposed of. 10. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 10, 2026/sn/db This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2026 at 12:55:31