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High Court of DelhiW.P.(C)/6955/2015

Hari Mohan Singh v. UOI And ORS.

2015-08-31Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6955/2015 HARI MOHAN SINGH ..... Petitioner Through:

Mr.Anil Singal, Advocate versus UOI AND ORS.

..... Respondents Through:

Mr.Arun Bhardwaj, CGSC with Mr.Rishi Kapoor, Advocate

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 31.08.2015 1.

Issue notice. Mr.Arun Bhardwaj, advocate accepts notice for the respondents and states that he has instructions in this matter and the writ petition may be disposed of.

2.

The petitioner's grievance is that he was not considered for promotion to the Grade of Head Constable in 2001 but was rather granted that in 2007. After notice was issued, the respondents have apparently decided the matter and by an order dated 25.08.2015, granted the relief claimed i.e. the petitioner's promotion as Head Constable has been made to take effect from 14.12.2001. Learned counsel had submitted that consequential benefits including actual arrears of salary for the period between 2001-2007 and pay differential for the period from 2007 onwards based upon fixation of consequent increments etc. should be granted. The court is of the

opinion that since the petitioner has agitated his grievance after a delay of almost eight years, arrears of salary for the period 2001-2007 is not warranted. However, it is directed that respondents shall ensure notional fixation of pay and grant all notional increments for the period 2001-2007. Consequently, the differential of pay which the petitioner would be entitled from the period 2007 (having regard to the notional increments that he would be entitled to for the period 2001-2007) shall be released to him within six weeks from today. 3.

It is stated that the petitioner's promotion to the post of Assistant Sub Inspector is under process and appropriate orders would be made. In that regard order shall be made within six weeks from today.

4.

The writ petition is allowed partly in the above terms. S. RAVINDRA BHAT, J DEEPA SHARMA, J AUGUST 31, 2015 rb