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High Court of DelhiW.P.(C)/5870/2017

Union Of India & ORS v. Bimla Devi

2019-11-06Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5853/2017 and CM APPL. 24461/2017-STAY UNION OF INDIA & ORS Petitioners Through:

Ms.Shiva Lakshmi, CGSC with Mr.Siddharth Singh, Advocate.

versus BRIJ SINGH & ORS Respondents Through:

Mr.V.P.S.Tyagi, Advocate.

WITH + W.P.(C) 5870/2017 and CM APPL. 24497/2017-STAY / / UNION OF INDIA & ORS Petitioners Through:

Ms.Shiva Lakshmi, CGSC with Mr.Siddharth Singh, Advocate.

versus.

BIMLADEVI

...Respondent

Through:

Mr.V.P.S.Tyagi, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

ORDER

o/„ 06.11.2019

1. Pursuant to the order dated 24^^ April, 2019, an affidavit has been filed by L the Petitioners repeating what has already been noted in the order dated 24 April, 2019 viz., that the post in question is isolated with there being no promotional avenues.

2. When a pointed question was posed to the learned counsel for the Petitioner why the remaining part of the order dated 24 Apnl, 2019

whereby the Petitioners were to plaee before the Court the pay structure in respect of the promotional posts in other departments with similar pay scale has not been complied with, she states that she was unable to get any instructions on this aspect.

3. It had already taken over six months for the Petitioner's to file an additional affidavit. Since this is the only issue involved in the present petition, the Court is of the view that CAT was justified in holding in the impugned order that the Respondents were entitled to the ACP benefits in the pay-scale of Rs.5000-8000/- with effect from 9'"^ August, 1999 and the benefit of the Modified ACP as applicable to consequential benefits arising out of the re-fixation of the pay.

4. The writ petitions are accordingly dismissed. The pending applications are also disposed of.

S. MURALIDHAR, J.

TALWANT SINCm, J.

NOVEMBER 06, 2019 mr