Ranjeet Singh And Ors. vs Union Of India And Ors.
2017 Latest Caselaw 5308 Del

$~6

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) 8890/2016

                                Date of decision: 21st September, 2017.

       RANJEET SINGH AND ORS.                       ..... Petitioners

                          Through Mr. Sourabh Ahuja, Advocate.
                          versus
       UNION OF INDIA AND ORS.                      ..... Respondents

                          Through Mr. Rakesh Kumar, CGSC for
                          UOI.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
       HON'BLE MR. JUSTICE NAVIN CHAWLA


SANJIV KHANNA J. (ORAL)

       It is stated that financial upgradations under the Assured Career
Progression Scheme have been granted to the petitioners, except Dev
Lal Gurjar, petitioner No. 14, in whose case his claim for grant of
financial upgradation has been rejected.

2.     Three grievances have been raised by the learned counsel for
the petitioners. Firstly, orders granting financial upgradations have not
been served upon the petitioners and in the case of petitioner No. 14,
the order rejecting grant of financial upgradation has not been
communicated. The second grievance raised by the petitioners is that



W.P. (C) 8890/2016                                             Page 1 of 3
 amounts dues and payable pursuant to the orders passed by the
respondents have not been paid. Lastly, it is submitted that in some
cases it appears that grant of financial upgradation is not from the
correct date.
3.     Learned counsel for the respondents submits that the orders
passed by the respondent authorities will be sent to the respective
petitioners under registered post within a month from the date a copy
of this order is received by the respondents. We take the statement
made by the counsel for the respondents on record and direct that the
respondents would be bound by the said statement. The respondents
would also pay arrears in accordance with law within a period of three
months from the date a copy of this order is received. Belated
payments beyond three months would require payment of interest @
8% from the date of this order till payment is made.
4.     It would be appropriate and proper that we dispose of the
present petition reserving rights of the petitioners to impugn the orders
passed by filing new writ petitions highlighting the facts of that case,
rather than permit some of the petitioners to amend the writ petition
and challenge the orders passed.
5.     Accordingly, it will be open to the 14th petitioner, namely, Dev
Lal Gurjar to file an independent writ petition challenging the order
now passed by the respondents. Similarly, if any of the petitioners feel
that they have been denied benefit of financial upgradation from an
earlier date, it will be open to them to challenge and question the
orders passed in accordance with law.
6.     We dispose of the given writ petition with the aforesaid liberty.



W.P. (C) 8890/2016                                             Page 2 of 3
 We clarify having not expressed any opinion on merits. No order as to
costs.




                                           SANJIV KHANNA, J.

NAVIN CHAWLA, J.

SEPTEMBER 21, 2017 MR/VKR