Mahaboob Khan v. Union Of India And ORS.

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21.05.2025 + W.P.(C) 6023/2025 MAHABOOB KHAN .....Petitioner Through:

Mr. K.K. Sharma & Mr. Harshit Agarwal, Advs.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. Nitinjya Chaudhary, Sr.

Panel Counsel, Mr.

Gokul Sharma, GP, Mr.

Rahul Mourya, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) CM APPL. 27564/2025 (Exemption) 1.

Allowed, subject to all just exception.

W.P.(C) 6023/2025 2.

This petition has been filed by the petitioner, praying for the following reliefs:

"a. Issuance of a writ in the nature of mandamus or any such order by directing the Respondent No. 2 to 5 for calling the basic pay fixation record of the Petitioner, INSP/GD MAHABOOB KHAN F. NO. 045140494 from the joining to till date in order to rectify the basic pay scale of the Petitioner in interest of justice, b. To issue a writ of mandamus or any such

order by directing the Respondent No. 2 to 5 to fix/correct the basic pay scale of the Petitioner from Rs. 52,000/- to Rs. 53,600/- p.m., alike to the juniors/similar to the placed personnel;

c. To issue a writ of mandamus or any such order by directing the Respondent No. 2 to 5 to fix/correct the grade pay of the petitioner from Rs. 9300 + 4200 to 10230 + 4200 from 05/12/2012 and provide all the arears and thereby all other consequential benefits;

d. To issue the writ of mandamus or any such order directing the Respondent No. 2 to 5 to grant all the subsequent benefits arising therefrom to the petitioner and the respective arrears after re-fixation of his basic pay scale be granted to the petitioners along with his pension e. To pass appropriate orders or directions restraining the Respondents from continuing the discriminatory and arbitrary pay fixation in violation of the Hon'ble High Court's binding precedent."

3.

In view of the averments and the nature of the reliefs claimed by the petitioner, we direct the respondents to consider the present petition as a representation of the petitioner and to decide the same within a period of eight weeks from today. The decision shall be communicated to the petitioner within this period. In case the petitioner is found entitled to any relief, the same shall be released to the petitioner within a period of twelve weeks. 4.

We make it clear that we have not expressed any opinion on the merits of the request made by the petitioner, and it shall be open to the respondents to decide the same in accordance with law. 5.

In case the petitioner is aggrieved by the order passed by the respondents, it shall be open to the petitioner to challenge the same in

accordance with law.

6.

The petition is disposed of with the above directions. NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 21, 2025/pr/my/DG Click here to check corrigendum, if any