Virendra Pal, Asi/Executive v. Union Of India Through Its Secretary & ANR.
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3441/2024 & CM APPL. 14030/2024 VIRENDRA PAL, ASI/EXECUTIVE ..... Petitioner Through:
Mr. A.K. Mehta and Ms. Gunjan Kumari, Advocates versus UNION OF INDIA THROUGH ITS SECRETARY & ANR.
..... Respondents Through:
Mr. Abhishek Saket, SPCG with Mr.
Shubham Prasad, GP and Ms. Sanna Harta, Advocates for UOI with SI Prahlad Devenda, HC Sachin Solanki and HC Arvind Kumar, CISF
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 06.03.2024 1.
This petition has been filed by the petitioner with the following prayers:
"It is, therefore, most respectfully prayed by the Petitioners that this Hon'ble Court may be pleased to:- (i) Issue a writ of mandamus to the Respondents to fix the basic pay of the petitioner at Rs. 7,510 instead of Rs. 6,750 and grant the Petitioner the basic pay equivalent to the other similarly placed SubInspector under Respondent Nos. 1 and 2 and direct the Respondents to pay the arrears of pay w.e.f. 01.01.2006;
(ii) Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2.
The submission of learned counsel for the petitioner for seeking the reliefs as prayed for is on the basis of judgment of this Court in case of Vinoj V. V. and Ors vs. Union of India and Anr in W. P.(C) 10660/2016 decided on November 30, 2018 which order has been upheld by the Supreme Court in SLP (Civil) Diary No.20583/2019 decided on July 19, 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 12/03/2024 at 11:29:45
2019.
3.
He also relies upon the orders passed by this Court in case of Brahmpal Bhadana & Ors. v. Union of India & Anr. in W.P. (C) 4524/2022 decided on July 06, 2022 and also of this Court in S Siva Kumar vs. Union of India through its Secretary & Anr. W.P.(C) 15467/2023 decided on January 5, 2024.
4.
At this stage, learned counsel for the respondents submits that the respondents shall treat the present petition as a representation and keeping in view the judgments referred to by the learned counsel for the petitioner dispose of the same within a period of eight weeks. 5.
Noting the said submission, the petition is disposed of calling upon the respondents to consider the petition as a representation and dispose of the same by considering the judgments as referred to by the learned counsel for the petitioner within eight weeks.
6.
If the petitioner is still aggrieved by any order to be passed to his prejudice, liberty shall be with the petitioner to approach a court in accordance of law.
7.
If the petitioner is found eligible for the grant of the prayers as sought by the petitioner in this petition, then the same shall be granted to him within four weeks thereafter by re-fixing his pay and pay the arrears thereof alongwith interest @ 9% per annum.
8.
The petition alongwith the pending application is disposed of. V. KAMESWAR RAO, J SAURABH BANERJEE, J MARCH 6, 2024/So..
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 12/03/2024 at 11:29:45