Pravinder Pal Singh Chauhan And Ors vs Union Of India, Through Its Secretary ...

Delhi High Court

Pravinder Pal Singh Chauhan And Ors vs Union Of India, Through Its Secretary ... on 13 November, 2024

Author: Navin Chawla

Bench: Navin Chawla

                  $~68
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                 Date of decision: 13.11.2024
                  +    W.P.(C) 15793/2024
                       PRAVINDER PAL SINGH CHAUHAN & ORS .....Petitioners
                                        Through: Mr.Sahil Chandra, Mr.Jai Singh
                                                 Saharan, Ms.Ananya Singh,
                                                 Mr.Abhinav Kumar, Mr.Parth
                                                 Tiwari, Advs.
                                        versus
                         UNION OF INDIA, THROUGH ITS SECRETARY
                         MINISTRY OF HOME AFFAIRS AND ORS .....Respondents
                                       Through: Ms.Suruchi   Mittal, SPC,
                                                Ms.Seema Singh, GP.
                         CORAM:
                         HON'BLE MR. JUSTICE NAVIN CHAWLA
                         HON'BLE MS. JUSTICE SHALINDER KAUR

                  NAVIN CHAWLA, J. (Oral)

CM APPL. 66298/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. Having considered the contents of the application, the same is allowed.

W.P.(C) 15793/2024

3. This petition has been filed praying for the following relief:

"a. Issue a Writ, order or direction in the nature of Mandamus directing the Respondents to grant monetary benefit in replacement pay scale of the rank held by petitioners as on 01.01.1996 with effect from 01.01.1996 to 10.10.1997 and carry out the consequential notional fixation of pay along with payment of arrears in terms of the decision of this Hon'ble High Court in W.P. (C) 1022/2023 vide the order dated 14.08.2024."

4. The petitioners in support of his prayer place reliance on the Judgment dated 14.08.2024 of this Court passed in a batch of petitions, including WP(C) 1022/2023, titled Ajit Singh & Ors. v. Union of India & Ors.

5. Issue notice.

6. Notice is accepted by Ms.Suruchi Mittal, learned counsel for the respondents.

7. Keeping in view the nature of the relief claimed and the reliance of the petitioners on the above referred Judgment, we are of the view that the respondents should consider the contents of the present petition as a representation of the petitioners, specifically keeping in view our Judgment referred hereinabove, and decide upon the same within a period of eight weeks from today, communicating its decision to the petitioners.

8. In case the respondents agree to the representation of the petitioners, the respondents shall release the consequential arrears to the petitioners, restricted to the period of three years prior to the date of the filing of the present writ petition. In case the representation is rejected by the respondents for any reason, it shall be open to the petitioners to challenge the same by way of an appropriate proceeding.

9. With the above direction, the present petition is disposed of.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 13, 2024/Arya/DG Click here to check corrigendum, if any Signature Not Verified Digitally Signed W.P.(C) 15793/2024 Page 2 of 2 By:SUNIL Signing Date:18.11.2024 19:07:59