Retired Railway Protection Force Employees Association Northern Railway Delhi Division v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13160/2024 RETIRED RAILWAY PROTECTION FORCE EMPLOYEES ASSOCIATION NORTHERN RAILWAY DELHI DIVISION .....Petitioner Through:

Ms.Saahila Lamba, Adv.

versus UNION OF INDIA & ORS.

.....Respondent Through:

Mr.Ripu Daman Bhardwaj, CGSC with Mr.Abhinav Bhardwaj, GP.

CORAM:

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

O R D E R

% 19.09.2024

1. 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].

2. 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.

3. Issue notice. Learned counsel for the respondents accepts notice and submits that he has no objection if the petition is disposed of by directing the respondents to take a final decision regarding the 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 30/09/2024 at 12:03:22

petitioner's claim in a time bound manner.

4. 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.

5. Needless to state while taking a decision on the petitioner's 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 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 19, 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 30/09/2024 at 12:03:22