Delhi High Court
Rk Rastogi vs Union Of India And Others on 14 February, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decision delivered on: 14.02.2022
+ W.P.(C) 13654/2021
RK RASTOGI ..... Petitioner
Through: Mr U Srivastava, Mr Sourabh Sharma
& Mr Anoop Kumar, Advs.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Jagjit Singh, Sr Standing Counsel
for Railways with Mr Preet Singh and
Mr Vipin Choudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH
RAJIV SHAKDHER, J.( ORAL):
1. Issue notice.
1.1. Mr Jagjit Singh accepts service on behalf of the
respondents/Railways.
2. With the consent of the counsel for the parties, the writ petition is
taken up for hearing and final disposal, at this stage itself.
3. The writ petition is directed against the order dated 11.02.2021,
passed by the Central Administrative Tribunal [in short "the Tribunal"] in
O.A. No. 149/2021.
3.1. It is not in dispute that the petitioner had approached the Tribunal for
pay fixation, and, in this context, had laid challenge to the orders dated
08.05.2018 and 05.10.2020.
Signature Not Verified
Digitally Signed By:NEETI W.P. (C) 13654/2021 Pg. 1 of 3
KUMARI SHARMA
Signing Date:21.02.2022
16:47:04
3.2. A perusal of the impugned order would show that the Tribunal has,
broadly, adverted to the various OAs that the petitioner has filed from time
to time to agitate his rights, which included the challenge to the order of
dismissal and seeking payment of back wages and consequential benefits.
3.3. It is also not in dispute that the petitioner succeeded in his legal battle
for reinstatement and has also received 50% of the back wages payable to
him. The more recent legal battle that the petitioner initiated concerned pay
fixation.
4. The petitioner's request for pay fixation was declined by the
respondents via the impugned orders referred to hereinabove, on the ground
that he had not exercised the option in that behalf, within 1 month from the
date of issuance of the order of promotion i.e., 28.10.2002. The Tribunal,
however, in the impugned order, has not dealt with the contentions raised by
the petitioner. In fact, the Tribunal, we are told, dismissed the petitioner's
O.A. i.e., O.A. No. 149/2021 at the admission stage itself, with the following
observations:-
"Coming to the present OA, the first order challenged in
the one, in which the applicant was informed about the factum
of the claim for MACP being under consideration. The second
order is the one in which the MACP was granted. For any
person with the complicated record as that of the applicant,
the things would have been serious. More and more the
respondents tried to satisfy and pacify the applicant, he is
emerging as a source of nuisance for the entire department.
We would have imposed heavy costs in this OA, but for the
polite attitude exhibited by the learned counsel. We dismiss
the OA with a serious warning that if the applicant continues
with the same trend, heavy costs will be imposed, apart from
directing initiation of other steps that are available in law. We
make it clear that it shall be open to the respondents to take
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Digitally Signed By:NEETI W.P. (C) 13654/2021 Pg. 2 of 3
KUMARI SHARMA
Signing Date:21.02.2022
16:47:04
action, if he continues his irresponsible acts. The Head of
Department shall keep watch on the applicant".
4.1. In our view, this is not a satisfactory disposal of the O.A. preferred by
the petitioner. More importantly, the fact that the petitioner approached the
Tribunal time and again to agitate his legal rights cannot be allowed to work
to his disadvantage.
5. Accordingly, the impugned order is set aside. The matter is remitted
to the Tribunal, for a fresh hearing in the petitioner's O.A. i.e., O.A. No.
149/2021.
6. Needless to add, nothing stated hereinabove will impact the merits of
the case.
7. The writ petition is disposed of in the aforesaid terms.
RAJIV SHAKDHER, J.
TALWANT SINGH, J.
FEBRUARY 14, 2022/nk
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Signature Not Verified
Digitally Signed By:NEETI W.P. (C) 13654/2021 Pg. 3 of 3
KUMARI SHARMA
Signing Date:21.02.2022
16:47:04
