Delhi High Court
Union Of India & Anr vs Praveen Arora & Ors on 4 October, 2021
$~9 (2021)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 04.10.2021
+ W.P.(C) 3477/2018 & CM Nos. 13707-09/2018
UNION OF INDIA & ANR ..... Petitioners
Through: R.V. Sinha, Senior Central
Government Counsel with Mr. A.S.
Singh, Amit Sinha & Sharanya Sinha,
Advs.
versus
PRAVEEN ARORA & ORS ..... Respondents
Through: Mr. R.K. Kapoor, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J. (ORAL):
[Court hearing convened via video-conferencing on account of COVID-19]
1. This writ petition is directed against the order dated 22.09.2017,
passed by the Central Administrative Tribunal [in short "the Tribunal"] in
OA No.2747/2014.
1.1. Via the impugned order, the Tribunal has, in the operative part of the
judgment, issued the following directions:-
"9. In view of the above analysis, we are inclined to allow this
O.A. and direct the respondents to grant ante dated promotions
to Grade 'G' to the applicants under the FCS from the dote of
their eligibility. The applicants shall also be entitled to
consequential arrears. Considering the facts and
Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:10.10.2021
01:10:27
circumstances of the case, we are not inclined to allow any
interest on the arrears. The benefits may be given to the
applicants within a period of 08 weeks from the date of receipt
of a certified copy of this order."
1.2. The consequences of the operative directions issued by the Tribunal
are that, the respondents before us, who are the original applicants, had to be
accorded antedated promotions from the date, when they became eligible.
2. Mr. R.K. Kapoor, who appears on behalf of the respondents, has
drawn our attention to the judgment of the Supreme Court, dated
25.08.2021, passed in Civil Appeal No.6359/2016, titled: Union of India &
Ors .vs. Vinay Kumar.
2.1. Mr. Kapoor says that, the aforementioned judgment of the Supreme
Court covers the issue, albeit, against the petitioners herein, in effect, Union
of India.
2.2. In this behalf, Mr. Kapoor relies upon paragraph 13 and 14 of the
aforementioned judgment of the Supreme Court. For the sake of
convenience, the same are extracted hereafter:-
"13. The decision presently under challenge was based on the
earlier decision rendered by the High Court in S.K. Murti
which was affirmed by this Court. The view taken by the High
Court that the interest of the concerned Scientists could not be
put to prejudice as a result of delay in constituting the
Assessment Committee in time, was affirmed by this Court.
The subsequent office memoranda dated 19.09.2016 and
12.02.2019 carry and seek to implement the same principle.
14. In the circumstances, we see no reason to take a different
view in the matter. Affirming the view taken by the High
Court which is presently under challenge, we dismiss the Civil
Appeal No. 6359 of 2016 without any order as to costs."
Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:10.10.2021
01:10:27
3. Mr. R.V. Sinha, who appears for the petitioners/UOI, cannot but
accept, that the issue raised in the instant writ petition is covered by the
aforementioned judgment of the Supreme Court.
4. Accordingly, the writ petition is dismissed. Consequently, pending
applications shall also stand closed.
5. Needless to add that, the petitioners i.e., Union of India will act with
due expedition, and grant promotions to the respondents, at the earliest,
though, not later than three weeks from the date of the receipt of a copy of
this order.
6. Parties will act on the digitally signed copy of this order.
7. The case papers shall stand consigned to record.
RAJIV SHAKDHER, J
TALWANT SINGH, J
OCTOBER 4, 2021/nk
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed By:PREM
MOHAN CHOUDHARY
Signing Date:10.10.2021
01:10:27
