Delhi High Court
Icar vs Dr. Rajender Prashad And Ors. on 4 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: July 04, 2023
25
+ W.P.(C) 4525/2022
ICAR ..... Petitioner
Through: Mr. Archit Upadhayay and Mr. Dhruv
Sheoran, Advocates.
versus
DR. RAJENDER PRASHAD AND ORS. ..... Respondents
Through: Ms. Varsha Aggarwal, Advocate for
R-1.
Mr. Manish Mohan, CGSC with Mr.
Vedansh Anand, G.P. for UOI.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. 33249/2023
1. This is an application seeking early hearing of the writ petition.
2. For the reasons stated in the application, the same is allowed. The writ
petition is taken up for hearing.
3. Application stands disposed of.
W.P.(C) 4525/2022
4. The challenge in this Writ Petition is to an order dated July 15, 2021
passed by the Central Administrative Tribunal in a batch of Original
Applications, which includes O.A. 692/2021, whereby the Tribunal has
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
W.P.(C) 4525/2022 Page 1 of 3
disposed of the Original Applications including O.A. 692/2021 by stating as
under:
"10. For the foregoing reasons, the OAs are allowed, directing
that:
(a) for such of the employees, who retired on 30th June of any
particular year, increment payable on 1st July shall be
extended. Their pensions shall also be revised, subject to their
fulfilling other conditions which are applicable. The arrears
that become due shall be paid without interest;
(b) Similarly for employees, who retired on 31st December of
a particular year, the increment payable on the 1st January of
the next year shall be extended and pension revised, subject to
same conditions in the same manner.
(c) While extending such benefits, a clause shall be
incorporated to the effect that in case the Hon'ble Supreme
Court takes a different view in the Civil Appeal arising out of
SLP No. 4722/2021, they shall be under obligation to refund
the entire benefit without any demur.
The aforesaid exercise 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.
Pending MAs shall also stand disposed of. There shall be
no order as to costs."
5. Learned counsel for the parties agree that the issue now stands covered
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
W.P.(C) 4525/2022 Page 2 of 3
by the judgment of the Supreme Court in the case of The Director (Admn. &
HR) KPTCL & Ors. Versus C.P. Mundinamani & Ors., Civil Appeal No.
2471/2023, decided on April 11, 2023.
6. If that be so, the Writ Petition is disposed of as being covered by the
judgment of Supreme Court in the case of The Director (Admn. & HR)
KPTCL & Ors. (supra).
7. The date of December 11, 2023 is cancelled.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
JULY 04, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:06.07.2023
16:56:52
