Delhi High Court
Hem Prasad Bhatt & Ors. vs Union Of India, & Ors. on 27 September, 2021
$~A-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6475/2021
HEM PRASAD BHATT & ORS. ..... Petitioners
Through: Mr. Asish Nischal, Advocate.
versus
UNION OF INDIA, & ORS. ..... Respondents
Through: Mr. Sarat Chandra, Advocate
% Date of Decision: 27th September, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J: (Oral)
CM APPL. 33739/2021
1. The application has been heard by way of video conferencing.
2. Present application has been filed by the respondents seeking recall of
the order dated 14th July, 2021 and for dismissal of the present writ petition
with costs.
3. Learned Counsel for the Applicants/ Respondents states that the
present writ petition is based upon alleged non-compliance of the legal
notice dated 1st May, 2021 issued to the UOI /Respondents, and also forms
the basis of the order dated 14th July, 2021 passed by the learned predecessor
Division Bench.
4. Learned Counsel for the Applicants/ Respondents states that the said
legal notice is not traceable in the office of respondents/ CRPF and no proof
of posting or delivery of the same has been annexed by the petitioners.
5. Issue notice. Mr. Asish Nischal, Advocate, accepts notice on behalf of
petitioners/non-applicants. He states that notice, in question, has been sent
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:29.09.2021
16:33:14
by e-mail by his previous Stenographer who has, unfortunately, expired after
the issuance of the notice. He states that even if the notice had not been
dispatched, it would have no impact on the relief claimed in the present writ
petition.
6. A perusal of the writ petition shows that the petitioners are claiming
benefit of MACP in accordance with the order passed by the Supreme Court
in Union of India Vs. R.K. Sharma, Civil Appeal No. 1579/2021.
7. The respondents in the present application have stated that none of the
petitioners is entitled to revision in the emoluments in terms of the aforesaid
judgment.
8. Accordingly, without entering into the merits of the controversy as to
whether notice dated 01st May, 2021 had been served upon the respondents
or not, we dispose of the present writ petition by directing the respondents to
give reasons in support of their decision that none of the petitioners is
entitled to revision in the emoluments in terms of the judgment of the
Supreme Court in Union of India Vs. R.K. Sharma (supra). The said
reasons shall be provided to the counsel for petitioners within eight weeks.
9. With the aforesaid direction, the present application and writ petition
stand disposed of.
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
SEPTEMBER 27, 2021/TS
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:29.09.2021
16:33:14
