R K Singh& ORS. v. Ajay Mittal & ANR

#23 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 338/2017 R K SINGH& ORS.

..... Petitioners Through Petitioner no. 31 in person.

versus AJAY MITTAL & ANR ..... Respondents Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.05.2017 Even at the pass over stage, a request for another pass over is made on behalf of the petitioners. Since, this is not the practice, this Court has no other option but to proceed ahead with the matter. It is pertinent to mention that present contempt petition has been filed alleging wilful disobedience of the order dated 5th August, 2016, passed in W.P (C) No. 6828/2016 wherein it was held that in case the entitlement of the petitioners was upheld, it would be open for the respondents to pass such orders with regard to entitlement in accordance with law and not just confined to the three years preceding the filing of the application before the Central Administrative Tribunal [for short 'CAT']. In the petition, it has been averred that despite the aforesaid order as well as the letter dated 24th November, 2015 accepting the entitlement of the

petitioners, the respondents have not granted the revised pay scale of Rs. 5500-9000 & 7500-12000 to the petitioners till date. However, since the aforesaid order in writ petition arose from an order passed by the CAT and the doctrine of merger applies, present contempt petition is disposed of with liberty to the petitioners to file contempt proceedings before the CAT under Section 17 of the Administrative Tribunals Act, 1985. Rights and contentions of all parties are left open.

MANMOHAN, J MAY 02, 2017 rn