Vijay Kumar Singh & Anr. vs Union Of India And Ors
2012 Latest Caselaw 5342 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Decision: September 06, 2012

+                           W.P.(C) 5583/2012

      VIJAY KUMAR SINGH & ANR.                 ..... Petitioners
               Represented by: Mr.Amit Kumar, Advocate.

                   versus

      UNION OF INDIA AND ORS              ..... Respondents
               Represented by: Dr.Chaudhary Shamsuddin Khan,
                               Advocate.
      CORAM:
      HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
      HON'BLE MR. JUSTICE MANMOHAN SINGH

PRADEEP NANDRAJOG, J. (Oral)

1. Heard learned counsel for the parties.

2. It is not in dispute that on the subject of pay fixation with effect from 01.01.1996 and its consequential impact with effect from 01.01.2006, issue pertaining to Overseers and Superintendent Gr.II in BRO is pending consideration before the respondents in light of the decision dated September 10, 2010 passed by a learned Single Judge of the Gauhati High Court allowing W.P.(C) No.51/2009 Ghan Shyam Vishwakarma Vs. The Director General, BRO & Ors. which decision was upheld by a Division Bench of the Gauhati High Court as per its decision dated March, 18, 2011. The Supreme Court has refused to grant special leave to appeal.

3. Suffice would it be to state that when a principle of law pertaining to payment on pay fixation is decided by a Court on a writ petition filed by an

individual but the decision relates to a matter of principal of law to be applied, the said decision has to be implemented in rem, i.e. with respect to all such persons who hold similar posts and not qua the persons who approach the Court.

4. Accordingly, we disposed of the writ petition directed the respondents that whatever decision would be taken by the respondents with respect to the decision of the Gauhati High Court pertaining to the writ petition filed by Ghan Shyam Vishwakarma would be made applicable to all persons holding posts of Overseers and Superintendent Gr.II in BRO.

5. No costs.

PRADEEP NANDRAJOG, J.

MANMOHAN SINGH, J.

SEPTEMBER 06, 2012 'anb'