High Court of DelhiW.P.(C)/12682/2024

Birendra Kumar Ojha v. Union Of India & ORS.

2024-09-10Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12682/2024 BIRENDRA KUMAR OJHA .....Petitioner Through:

Mr.Parth Tiwari, Adv.

versus UNION OF INDIA & ORS.

.....Respondent Through:

Mr.Vatsal Joshi, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 10.09.2024 CM APPL. 52835/2024 -Ex.

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 12682/2024

3. The petitioner has approached this Court under Article 226 of the Constitution of India seeking a direction to the respondents to grant him his due increments in the light of the decision of the Apex Court in Director (Admn. & HR) KPTCL & Ors. versus C.P.Mundinamani & Ors. [Civil Appeal No.2471/2023].

4. Learned counsel for the petitioner submits that for the present, the petitioner will be satisfied, in case, the respondents are directed to examine their claims in the light of the decision of the Apex Court in Director (Admn. & HR) KPTCL & Ors.(supra) in a time bound manner.

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 12/09/2024 at 12:23:09

5. Issue notice. Learned counsel for the respondents accepts notice and submits that since the claim of the petitioner is already under active consideration of the respondents, he has no objection if the petition is disposed of by directing the respondents to take a final decision in this regard in a time bound manner.

6. In the light of this fair stand taken by the respondents, the writ petition is disposed of by directing the respondents to consider the petitioner's claim as raised in the present petition within a period of eight weeks from today by passing reasoned and speaking orders qua the petitioner.

7. Needless to state while taking a decision on the petitioner's claim, the respondents will, take into account the decision of the Apex Court in Director (Admn. & HR) KPTCL & Ors. (supra). It is further made clear that, in case, the petitioner is aggrieved by any order passed by the respondents, it will be open for him to seek legal recourse as permissible in law REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 10, 2024 sr 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 12/09/2024 at 12:23:09