Delhi High Court
Lalit Kumar Gupta vs North Delhi Municipal ... on 14 August, 2020
#7
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 14.08.2020
W.P.(C) 5254/2020
LALIT KUMAR GUPTA ....Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION ....Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Shashank S. Mangal, Advocate
For the Respondent : Mr. Akhil Mittal, Standing Counsel (NDMC)
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
The present petition has been taken up for hearing by way of
Video Conferencing on account of COVID-19 pandemic.
CM APPL.18939/2020 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
CM APPL. 18938/2020 (Exemption)
The present application under Section 151 of the Code of Civil
Procedure, 1908 has been filed on behalf of the applicant/petitioner
seeking exemption from filing duly notarized affidavits in support of
the accompanying petition as well as applications.
For the reasons stated in the application and in view of the
present prevailing situation, the same is allowed. The
applicant/petitioner is allowed to file the duly signed and notarized
affidavits within a period of one week from the date of resumption of
regular functioning of the Court.
With the above direction, the present application is disposed of.
W.P.(C) 5254/2020 & CM APPL.18937/2020 (Interim Relief)
1. The present writ petition under Articles 226 and 227 of the
Constitution of India, instituted on behalf of the petitioner, prays as
follows:
"A. To allow the present petition and quash and set
aside the final judgment and order dated
16.07.2020 passed by the Ld. Central
Administrative Tribunal, Principal Bench, New
Delhi in OA No. 100/902/2020.
B. To issue a writ of mandamus directing the
Respondent to consider the claim of the
Petitioner under Office Memorandum (OM)
F.No.25012/1/2015-Estt (A-IV), issued by
Government of India, Ministry of Personnel,
Public Grievances and Pensions, Department
of Personnel and Training, Establishment (A-
IV) Desk dated 19.05.2015 ('Disability OM'),
within 2 weeks.
C. To direct the Respondent to release the salary
arrears of the Petitioner for the period between
September 2012 and March 2014.
D. To direct the Respondent to grant all
increments due to the Petitioner since March
2014.
E. To direct the Respondent to grant the Petitioner
his Promotion as Head Clerk due since March
2013.
F. Pass such other and further orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case."
2. Although, by way of the present petition Mr. Lalit Kumar
Gupta, the petitioner herein, prays for setting aside of the final
judgment and order dated 16.07.2020 passed by the learned Central
Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.
100/902/2020 titled as 'Mr. Lalit Gupta vs. North Delhi Municipal
Corporation' instituted by him; learned counsel appearing on his behalf,
on instructions, limits the relief in the present proceeding only to a
direction to the Competent Authority to consider and determine his
representation dated 18.06.2020 (annexed as Annexure 'P-8' to the
present writ petition), whereby he has sought benefits that he claims to
be entitled to, under Office Memorandum bearing F.No.25012/1/2015-
Estt (A-IV), issued by Government of India, Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel and Training,
Establishment (A-IV) Desk dated 19.05.2015.
3. Issue Notice.
4. Mr. Akhil Mittal, learned Standing Counsel accepts notice on
behalf of the respondent North Delhi Municipal Corporation and states
that the Competent Authority shall determine the aforementioned
representation dated 18.06.2020, filed by the petitioner, within four
weeks from today, by way of a speaking order in accordance with law,
under intimation to the petitioner.
5. Directed accordingly.
6. Mr. Shashank S. Mangal, learned counsel appearing on behalf
of the petitioner undertakes to cooperate with the official respondent
qua his medical examination by a government hospital, in order to
establish his entitlement for disability benefits.
7. Directed accordingly.
8. No further directions are called for.
9. With the above directions, the present writ petition is disposed
of. The pending application also stands disposed of.
10. A copy of this judgment be provided electronically to learned
counsel appearing on behalf of both the parties and be also uploaded
on the website of this Court forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
AUGUST 14, 2020
dn/as
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