Salek Chand And ORS v. Union Of India And ORS

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12841/2024 SALEK CHAND AND ORS .....Petitioners Through:

Ms. Anushruti Tripathi and Mr.

Jaydip Pati, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Sandeep Tyagi and Mr. Rahul Kumar Sharma, Advs.

CORAM:

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

O R D E R

% 12.09.2024 CM APPL. 53619/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The applications stand disposed of.

W.P.(C) 12841/2024 3.

The petitioners have approached this Court under Article 226 of the Constitution of India seeking a direction to the respondents to grant them their 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 petitioners submits that for the present, the petitioners 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 17/09/2024 at 11:02:15

5.

Issue notice. Mr. Sandeep Tyagi, learned counsel accepts notice on behalf of the respondents and he has no objection if the petition is disposed of by directing the respondents to take a final decision regarding the petitioners' claim 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 petitioners' claim as raised in the present petition within a period of eight weeks from today by passing reasoned and speaking orders qua the petitioners. 7.

Needless to state while taking a decision on the petitioners' claim, the respondents will, take into account the decision dated 11.04.2023 of the Apex Court in Director (Admn. & HR) KPTCL & Ors. (supra) read with the clarificatory order passed by the Apex Court on 06.09.2023 in S.L.P. (C) 4722/2021. It is further made clear that, in case, the petitioners are aggrieved by any order passed by the respondents, it will be open for them to seek legal recourse as permissible in law.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 12, 2024/ss 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 17/09/2024 at 11:02:16