G.B. Wayafalkar vs Union Of India & Ors
2016 Latest Caselaw 1182 Del

$~5.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 1086/2016 and C.M. APPL. 4731/2016
       G.B. WAYAFALKAR                          ..... Petitioner
                     Through: Mr. Nishant Gautam, Advocate with
                     Mr. Vardhman Kaushik, Advocate

                        versus

       UNION OF INDIA & ORS                        ..... Respondents
                      Through: Mrs. Santosh Kohli, CGSC

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
       HON'BLE MR. JUSTICE SUNIL GAUR

                        ORDER

% 15.02.2016

1. The present petition has been filed by the petitioner praying

inter alia for issuance of a writ of certiorari, quashing the Signal dated

19.07.2011, whereunder his basic pay has been reduced from

Rs.9,480/- to Rs.9,130/- and thereafter, steps have been initiated to

recover the alleged excess amount from his salary.

2. Learned counsel for the petitioner submits that the issue raised

in the present case is no longer res integra inasmuch as in almost

similar facts, a writ petition filed against the CRPF, registered as

W.P.(C) 2654/2014 entitled "HC/RO S.S. Suhag and Ors. Vs. UOI

and Ors." was allowed by a Division Bench vide judgment dated

20.05.2014 (Annexure P-7). He submits that relying on the said

decision, the petitioner has submitted a representation dated

02.12.2015 to the respondents for recalling the order for recovery of

the alleged excess payment made to him but the same has remained

pending without a decision.

3. Mrs. Santosh Kohli, learned counsel for the respondents, who

appears on advance notice, submits that the Union of India has

preferred an appeal against the judgment dated 20.05.2014 in the

captioned case, registered as SLP (Civil) No.19124/2015. A copy of the

order dated 04.11.2015 passed by the Supreme Court has been

handed over, which reveals that notice has been issued in the said

appeal. However, there are no interim orders granted in favour of the

respondents/UOI.

4. In view of the submission made by the counsel for the petitioner

that the respondents be directed to dispose of the pending

representation of the petitioner, the present petition is disposed of

with directions to the respondents to consider the representation dated

02.12.2015 submitted by the petitioner and pass a speaking order

within six weeks after taking note of the judgment dated 20.05.2014

in the captioned case. If the petitioner is still aggrieved by the decision

that may be taken by the respondents, he shall be entitled to seek his

remedies in accordance with law.

5. The petition is disposed of alongwith the pending application.

DASTI to the respondents

HIMA KOHLI, J

SUNIL GAUR, J FEBRUARY 15, 2016 rkb