Delhi High Court
Bimal Mangar And Ors vs Union Of India & Ors. on 27 July, 2022
$~4, 5 & 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: July 27, 2022
+ W.P.(C) 7655/2022
BHAGWAN PRASAD & ORS. .... Petitioners
Through: Ms. Saahila Lamba, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Shrey Sharawat and Mr. Sahaj
Garg, Advocates
+ W.P.(C) 8151/2022
BIMAL MANGAR AND ORS .... Petitioners
Through: Ms. Saahila Lamba, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Nitinjya Chaudhary, Senior Panel
Counsel with Mr. Tarveen Singh, GP
and Mr. Deepak Gautam, Advocate
+ W.P.(C) 3930/2022
SANGAPPA ABYAL ..... Petitioner
Through: Ms. Saahila Lamba, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Rishabh Sahu, CGSC with Mr.
Sameer Sharma, Advocate
W.P.(C) 7655/2022 & connected petitions Page 1 of 4
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. The issue(s) raised in these petitions and the relief(s) sought are
similar, therefore, these petitions are heard together and being disposed of
by this common judgment.
2. Vide W.P.(C) 7655/2022, petitioners seek directions to the
respondents to reckon date of assumption of charge by petitioners to the post
of Sub Inspector (Ministerial) with effect from date of promotion of
petitioners to post of Sub- Inspector (Ministerial) and consequently grant
one increment on 01.01.2006 in the pre-revised pay scale and thereafter next
increment in the revised pay structure on 01.07.2006 in terms of paragraph 3
of office memorandum dated 19.03.2012 and other consequential benefits.
3. Vide W.P.(C) 8151/2022, petitioners seek directions to the
respondents to reckon date of assumption of charge by petitioners to the
rank of Head Constable (Ministerial) with effect from date of their
appointment in said rank i.e. 01.12.2006 and thereafter grant one increment
to the petitioners in the rank of Head Constable (Ministerial) on 01.07.2007
and re-fix their pay on said basis and consequently release arrears of pay to
the petitioners.
4. Vide W.P.(C) 3930/2022, petitioner seeks directions to the
respondents to reckon date of assumption of charge by petitioner to the post
of Sub Inspector (Ministerial) with effect from 09.06.2000 (date of
promotion of petitioner to post of Sub- Inspector (Ministerial) and
consequently grant one increment on 01.01.2006 in the pre-revised pay scale
and thereafter next increment in the revised pay structure on 01.07.2006 in
terms of paragraph 3 of office memorandum dated 19.03.2012 and other
consequential benefits.
5. Learned counsel for the petitioners submits that the issue at hand is
covered by a judgment of the coordinate Division Bench of this Court in
W.P. (C) No. 4448/2016 titled as 'Vijayan V.V. vs. Union of India and
others' decided on 01.04.2019.
6. Since the legal issue involved in the present writ petition stands
finally settled by the judgment of this Court in W.P. (C) No. 4448/2016, this
Court is of the view that no useful purpose would be served by keeping the
present writ petitions pending. Accordingly, this Court directs the
respondents to treat the present writ petitions filed by the petitioners as
representations in accordance with the judgment of this Court in W.P. (C)
No. 4448/2016 and decide the same by way of a reasoned order within six
weeks.
7. With aforesaid directions, these three petitions stand disposed of.
Pending applications also stand disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
JULY 27, 2022/rk
