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High Court of DelhiW.P.(C)/4358/2018

Balbir Singh And ANR. v. Union Of India And ORS.

2018-04-27Cases Pertaining To Spl.Division Benches2 pages

$~39 & 40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4358/2018 BALBIR SINGH AND ANR.

..... Petitioners Through:

Mr.Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Anil Dabas, Adv. for R-1 to R-4 AND + W.P.(C) 4370/2018 MAHAVIR PRASAD ..... Petitioner Through:

Mr.Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Anil Dabas, Adv. for R-1 to R-4

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 27.04.2018 1.

Learned counsel for the petitioners states at the outset, that the facts of the present cases are squarely covered by the judgment dated 11.10.2017, in a batch of petitions, lead matter being W.P.(C) 9359/2016, entitled SI/GD Shambhoo vs. Union of India & Ors.. that was followed in the judgment dated 12.01.2018, in another batch of petitions, lead matter being W.P.(C) 332/2017, entitled Jas Ram vs. Union of India & Ors. 2.

On enquiring from the learned counsel for the respondents as to whether the respondents have challenged the aforesaid judgment, he states that no such steps have been taken so far and the said decision is being examined by the Department for implementation. W.P.(C) Nos. 4358/2018 & 4370/2018

3.

That being the position, we cannot treat these cases any differently. 4.

Accordingly, the present petitions are allowed and disposed of by holding that the petitioners shall be entitled to the benefit of clause (i) appended to Rule 7(1)(A) of the CCS (RP) Rules, 2008 wherever it is more beneficial.

In other words, the petitioners shall be entitled to a pay of `10,230 + Grade Pay of `4200 [`5,500 x 1.86], on completion of 24 years of services. Compliances shall be made by the respondents within four months from today. In the event, compliance is made beyond the period granted above, the respondents shall pay simple interest @ 8% per annum to the petitioners from the date of passing of the order, till the payment is released. 5.

The petitions are disposed of. No orders as to costs. HIMA KOHLI, J.

REKHA PALLI, J.

APRIL 27, 2018 'pg'

W.P.(C) Nos. 4358/2018 & 4370/2018