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High Court of DelhiW.P.(C)/12433/2018

Stenographers Association, Cpwd (Regd) & ANR v. Union Of India & ORS

2018-11-28Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice A. K. Chawla2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12433/2018 STENOGRAPHERS ASSOCIATION, CPWD (REGD) & ANR ..... Petitioners Through:

Ms. Vibha Mahajan Seth, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr.

Kirtiman Singh, CGSC with Ms.Shruti Dutt, Adv.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 28.11.2018 Learned counsel for the respondent, on instructions, states that though the claim of the petitioner with regard to pay parity between Stenographers Grade-I in CPWD and Stenographers Grade-C in CSSS has not been addressed by the Tribunal despite the order passed by this Court in WP(C) 6944/2012, whereby, the matter was remanded back to the Tribunal for adjudication, the order passed in RA no. 287/2016 on 04.09.2017 shows that the only issue raised by the petitioner at that stage was with regard to the cadre restructure.

In our view, merely because the order passed in the Review Application does not reflect the position that the petitioner had also sought to raise the issue of parity between Stenographers Grade-I in CPWD and Stenographers Grade-C in CSSS, it does not mean that the petitioner did not

raise the said issue or that the Tribunal should not have decided the same. Since the order passed in WP(C) no. 6944/2012 remanded the matter back to the Tribunal for fresh adjudication on the specific issue of pay parity, the Tribunal should have adjudicated the same. The order passed in Review Application could not have limited the grievance of the petitioner. We accordingly, once again direct the Tribunal to adjudicate the petitioner's claim with regard to pay parity between Stenographers Grade-I in CPWD and Stenographers Grade-C in CSSS. The order passed by the Tribunal on the cadre of restructure is, however, sustained. Considering the fact that the dispute has been pending since 2010, the Tribunal is requested to expedite the disposal of the matter within the next three months.

The parties shall appear before the Tribunal on 14th December, 2018. Petition stands disposed of accordingly.

Dasti.

VIPIN SANGHI, J A. K. CHAWLA, J NOVEMBER 28, 2018 rc