Delhi High Court
Rajnish Gupta & Ors. vs Govt. Of Nct Of Delhi & Ors. on 15 April, 1999
Equivalent citations: 1999 IIIAD Delhi 725, 80 (1999) DLT 481
Bench: K Ramamoorthy
ORDER
CW. 528/99.
1. The 51 petitioners, who are senior officers of Delhi Police, Andaman & Nicobar Islands, Daman & Deo and are commonly known as DANIPS officers, have approached this Court in this writ petition seeking to enforce the
decision of the Cabinet in their meeting on 10th September, 1998, as communicated by the Chief Secretary in his order dated 15.9.1998.
2. It is common ground that decision had been taken to grant the reliefs mentioned in the communication to the petitioners and other officers similarly situated but that has to be formally approved by the Govt. of India and it is not disputed that the first respondent had written to the Govt. of India for approval and the matter is pending onsideration by the Govt. of India. The question is pending the decision of the Govt. of India relating to approval, whether the petitioner could be granted the relief as decided by the Cabinet and as reflected in the order dated 15.9.1998.
3. I heard the learned counsel for the petitioners Ms. Pinky Anand and Mr. Vijay Pandita, the learned counsel for the respondents.
4. It does not require any expatiation of any principle of law and it is a simple matter of enforcement of the decision of the Cabinet.
The order dated 15.9.1998 reads as under :-
"Pursuant to the recommendation of the Vth Pay Commission and consequent upon the decision taken by Delhi Cabinet in their meeting on 10th September, 1998 vide Cabinet decision No. 357 regarding Delhi Andaman Nicobar Island Civil Service (DANICS) and Delhi Anadaman Nicobar Island Police Service (DANIPS) officers, and in anticipation of the approval of the Govt. of India, the Lt. Governor, Delhi is pleased to order as under:-
(a) Revision of the entry grade scale from Rs. 2000-3500 to Rs.2200-4000 (pre-revised); and
(b) Introduction of the 4th pay scale i.e. Rs.4500-6700 (prerevised).
As regards (b) above, orders regarding number of posts will be issued in due course.
It is also ordered that the officers before being paid their higher salary, if any, resulting from the above, will furnish an undertaking that they will refund the extra amount paid in case the Govt. of India does not eventually accept the recommendations of the Pay Commission, as mentioned above.
This issues with the concurrence of Finance Department, GNCTD vide Its U.O. No. 672/Ka/Fin.(E-I) dated 15.9.98."
5. The Govt. of India may take its own time in considering the question of approving the decision of the Cabinet but the petitioners and other officers similarly situated cannot wait indefinitely. With a view to meeting this situation, the learned counsel for the petitioners Ms. Pinky Anand submitted that the petitioners are ready and willing to give an undertaking to the effect that in the unlikely event of the Govt. of India not granting approval it shall always be open to the first respondent to adjust the amounts, that may be paid to the petitioners from the amounts due from the first respondent to the petitioners and to that effect the petitioners would give undertakings. The learned counsel for the respondents submitted that the first respondent had taken steps to get approval from the Govt. of India and it involves a large outlay and it would create complications if payments are made to the petitioners and other officers similarly situated if ultimately the Govt. of India does not grant the approval. It was also faintly contended by the learned counsel for the respondents that the petitioners have not made Union of India as party.
6. It may also be noticed that in the case of Delhi Administrative Subordinate Services (DASS) the procedure had been followed by the first respondent but it is stated by the learned counsel for the respondents that in the case of DASS Controlling Authority is the first respondent whereas in the case of the petitioners the approval of the Govt. of India is required.
7. In view of the facts and circumstances, I am of the view that the petitioners cannot be denied the relief which had been granted by the Cabinet in its decision dated 10th of September, 1998 and they have to be paid in accordance with the order dated 15th September 1998 pending the approval by the Government of India. The respondents are hereby directed to pass appropriate orders granting the reliefs as mentioned in the order dated 15.9.1998 and pay the amounts due on or before 31.5.1999 to the petitioners and other officers similarly situated w.e.f. Ist January, 1996
and shall continue to pay the same. The implementation of the decision of the Cabinet, it is made clear, is with respect to all employees including the petitioners. The writ petition has been filed in a representative capacity. The first respondent shall take undertakings from the petitioners on or before 30.4.1999.
Accordingly, the writ petition stands allowed to the above extent. There shall be no order as to costs.
Copy of the order be given dasti to counsel for both the parties.
