Union Of India And ORS v. Mr Rakesh Kumar And ORS.
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7993/2025 UNION OF INDIA AND ORS .....Petitioners Through:
Mr. P.S. Singh, CGSC with Mr.
Rajneesh Kumar Sharma, Ms.
Minakshi Singh and Ms. Neeru Singh, Advs.
versus MR RAKESH KUMAR AND ORS.
.....Respondents Through:
Mr. Ramesh Rawat, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR
O R D E R
% 29.05.2025 CM APPL. 35037/2025 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(C) 7993/2025 & CM APPL. 35036/2025 2.
This petition has been filed challenging the Order dated 13.09.2024 passed by the learned Central Administration Tribunal, Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal') in O.A. No. 1210/2019, titled Mr. Rakesh Kumar & Ors. v. Union of India & Ors., allowing the O.A. filed by the respondents herein. 3.
The learned Tribunal, vide the Impugned Order, has allowed the said O.A. preferred by the respondents herein, in terms of its earlier Order dated 22.07.2022 passed in OA 664/2019 titled Ved Prakash & Ors. v. Union of India & Ors., which in turn had relied upon the Order dated 04.04.2013 passed in O.A. No. 911-HP-2012 by the learned Central Administration Tribunal, Chandigarh Bench, which 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 01/07/2025 at 19:42:09
was upheld by the learned High Court of Himachal Pradesh in Union of India & Ors. v. Karam Chand Sankhyan, 2015 SCC OnLine HP 440.
4.
The learned counsel for the petitioners is unable to convince us that the case of the respondents is not covered by the above two Orders, one of which has also been upheld by the High Court of Himachal Pradesh in Karam Chand Sankhyan (supra), by holding as under:
"3. Further we find that the pay scales of Head Clerks (Jr. and Sr.) were eventually merged and revised, which fact was noticed by the Tribunal while passing the impugned order. Respondent herein, who was working as UDC was entitled to the revised pay scale in terms of the CCS (Revised Pay) Rules, 1997, relevant portion whereof is extracted in para10 of the impugned order." 5.
Accordingly, we do not find any merit in the present petition, the same is dismissed along with the pending application. NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 29, 2025 Sc/kz/VS Click here to check corrigendum, if any 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 01/07/2025 at 19:42:09