Delhi High Court
Union Of India & Anr. vs Virendra Pal Singh Mann on 3 August, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: August 03, 2023
54
+ W.P.(C) 14839/2022, CM APPL. 39374/2023
UNION OF INDIA & ANR. ..... Petitioners
Through: Mr. Ripu Daman Bhardwaj, CGSC for
UOI.
versus
VIRENDRA PAL SINGH MANN ..... Respondent
Through: Mr. Sanjiv K. Jha, Advocate.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. 39374/2023
1. This is an application seeking early hearing of the petition. The date of
hearing is December 11, 2023.
2. Learned counsel for the respondent, the applicant herein, states that the
issue in hand is covered by the judgment of the Supreme Court in the case of
The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani &
Ors., 2023, SCC OnLine SC 401 and hence, the Writ Petition be heard
finally.
3. The Bhardwaj does not oppose the prayer made. The application for
early hearing is allowed.
4. Application is disposed of.
5. The counsel for the parties have been heard on the Writ Petition.
W.P.(C) 14839/2022 Page 1 of 3
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:07.08.2023
12:42:42
W.P.(C) 14839/2022
6. The challenge in the Writ Petition is to an order dated October 05,
2021, passed by Central Administrative Tribunal, Principal Bench, New
Delhi (hereinafter referred to as 'Tribunal') in O.A. 1659/2021, whereby the
Tribunal has disposed of the Original Application by stating in paragraph 11
as under:
"11. For the foregoing reasons, the O.A. is allowed, directing
that the applicant, who retired from service on 30th June
2020, shall be extended the increment payable on 1 st July of
the respective year. His pension shall also be revised, subject
to his fulfilling other conditions, which are applicable. The
arrears that become due shall be paid without interest. While
extending such benefits, a clause shall be incorporated to the
effect that in case the Hon'ble Supreme takes a different view
in the Civil Appeal arising out of SLP No. 4722/2021, he shall
be under obligation to refund the entire benefit without any
demur. The aforesaid exercise shall be completed within a
period of three months from the date of receipt of a copy of
this order."
7. In para 11 of the order, the Tribunal has referred to the SLP No.
4722/2021.
8. Our attention has been drawn to the order passed by the Supreme
Court in Special Leave Petition (C) No. 4722/2021, Union of India & Anr.
vs. M. Siddaraj, wherein a reference has been made by the Supreme Court to
its earlier judgment dated April 11, 2023, The Director (Admn. and HR)
KPTCL & Ors. vs. C.P. Mundinamani & Ors.
9. Learned counsel for the parties state that the issue is covered by the
judgment in the case of The Director (Admn. and HR) KPTCL & Ors. vs.
C.P. Mundinamani & Ors. They also states that the parties shall be bound
W.P.(C) 14839/2022 Page 2 of 3
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:07.08.2023
12:42:42
by the judgment of the Supreme Court. Their statement is taken on record.
10. The Writ Petition is disposed of.
11. The date of December 11, 2023 stands cancelled.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
August 03, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:07.08.2023
12:42:42
