Sidha Nand Shastri And Ors. vs Delhi Administration And Ors.
1991 Latest Caselaw 116 Del

JUDGMENT

C.M. Nayar, J.

(1) The learned Counsel are agreed that the matter can be disposed of finally today and in view of the counter affidavit of the respondents 1 to 3, no further question survives for the consideration of this Court. In view of this, I proceed to dispose of the writ petition.

(2) The present petition is directed against the respondents 1 to 3 for according approval to the list of joint seniority submitted to them by respondents 4 and 5 on May 20, 1988, in pursuance to the judgment of this Court in Civil Writ Petition No. 389 of 1979. A further prayer is made that the respondents be directed to place the petitioners in Selection Grade from the date of their entitlement and to direct them to pay the arrears of Selection Grade with interest at the rate of 12 per cent per annum to the petitioners from the date of their entitlement, till the actual payment is made.

(3) Respondents 1 to 3 have now filed the counter affidavit, In which they have not denied the averments as made in the writ petition and have deposed that the Department, vide its letter dated February 10,1983, had requested the Manager, Mukherjee Memorial Senior Secondary School, G.T. Road, Shahdra, respondent no, 4, to give place to the petitioners in the joint seniority list of the staff of both the schools, run under the same management and they may be given their due benefits accordingly and to submit a compliance report in the matter. This will obviously include the grant of selection grade to the petitioners. Photo copy of the said communication is already filed with this affidavit and forms part of the record of this case (annexure R-1). It has further been submitted that when no reply, in response to the letter referred above, was received by the Department nor any action consequent thereto was taken, till the middle of December, 1991, the Department was constrained to send a reminder requesting respondent no. 4 to take necessary steps on priority basis under intimation to the Department. The said communication dated December 17,1991 has also been filed before this Court (annexure R-2). Counsel for respondents 4 and 5 states that they have already submitted the joint seniority list on the basis of which the Selection Grade is to be awarded to the petitioners and necessary steps are being taken in this regard expeditiously.

(4) It is further stated that petitioner No. 1 has since retired and immediate steps may be taken to clear his pension and other superannuary benefits. In view of the counter affidavit, filed by the respondents 1 to 3, I grant the reliefs as prayed in the writ petition. Respondents are directed to finalise the matter and clear the arrears of the petitioners within two months from the submission of the necessary report by respondents 4 and 5. The Counsel for respondents 4 and 5 states that the necessary report shall be submitted within a period of one month from today. However, if the payment is delayed beyond the period of two months from the submission of the report by respondents 4 and 5 respondents shall pay interest at the rate of 12 per cent per annum to the petitioner, from the date such amount became due.

(5) Civil Writ Petition No. 3567/91 is disposed of accordingly. No order as to costs. Order accordingly.