Union Of India & Ors. vs Shri Cherla Narayana Sastry
2009 Latest Caselaw 5163 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

                    Judgment Reserved on: 30.11.2009
%                  Judgment Delivered on: 11.12.2009


+                           W.P(C)3258/2008

      UNION OF INDIA & ORS.                   ..... Petitioner
                      Through:     Mr. Pramod Kumar Sharma and Mr.
                                   Deepak Raja, Advocates.

                              versus

      SHRI CHERLA NARAYANA SASTRY         ..... Respondent
                     Through: Mr. A. K. Bhardwaj, Advocate.


CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE VIPIN SANGHI

1. Whether the Reporters of local papers
   may be allowed to see the judgment?                     No

2. To be referred to Reporter or not?                      No

3. Whether the judgment should be reported
   in the Digest?                                          No


VIPIN SANGHI, J.

1. The petitioner UOI has impugned the orders dated 15.5.2007

and 3.10.2007 passed by the Central Administrative Tribunal , Principal

Bench, New Delhi in O.A.No.1077/06 titled Shri Cheral Narayana Sastry

V. UOI & Ors. By the first order the original application filed by the

respondent was allowed directing the petitioners to refix the new EDP

pay scales Rs.2,000-3200 in respect of the respondent w.e.f. 1.1.1986

and also holding that he would be entitled to arrears and all

consequential benefits. By the second order dated 3.10.2007, the

review application filed by the petitioners on the basis of the

WP(C) 3258/08 page 1 of 2 subsequent decision of the Tribunal in O.A.No.1778/2006

"M.R.Satyarthy V. Union of India & Ors." decided on 19.5.2007 has

been dismissed.

2. We have today pronounced a common judgment in W.P(C) Nos.

5777/07, 5789/07, 5812/07. W.P(C) 5789/07 arose from the decision of

the Tribunal in O.A.No.1778/06 filed by Shri M.R. Satyarthy above

referred to. Our aforesaid decision would govern the present case as

well.

3. In view of our aforesaid decision, we set aside the impugned

orders passed by the Tribunal dated 15.2.007 and 3.10.2007 and

remand the matter back to the Tribunal for reconsideration of the

respondent's claim in the light of the said decision. Parties are left to

bear their respective costs.

VIPIN SANGHI, J.

December 11 , 2009                                     ANIL KUMAR, J.
as




WP(C) 3258/08                                                  page 2 of 2