Delhi High Court
Govt Of Nct Delhi & Ors. vs Dr Hemraj Singh & Anr. on 25 May, 2023
Neutral Citation Number: 2023: DHC: 3658-DB
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 25, 2023
45
+ W.P.(C) 6809/2022
GOVT OF NCT DELHI & ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing
Counsel, D.E. with Ms. Tania
Ahlawat, Mr. Nitesh Kumar Singh,
Ms. Palak Rohmetra, Ms. Laavanya
Kaushik and Ms. Aliza Alam, Advs.
versus
DR HEMRAJ SINGH & ANR. ..... Respondents
Through: Mr. Nikhilesh Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO (Oral)
CM APPL. 28574/2023
1. This is an application filed by the respondents for early hearing of the
petition on the ground that the issue which falls for consideration in this writ
petition has been settled by the Supreme Court in the case of Director
(Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors., 2023 SCC
OnLine SC 401.
2. For the reasons stated in the application, the same is allowed. The Writ
Petition is taken up for hearing.
3. The application is disposed of.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6809/2022 Page 1 of 3
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3658-DB
W.P.(C) 6809/2022
4. The challenge in this Writ Petition is to an order dated July 15, 2021
passed in a batch of Original Applications, which include O.A. 761/2021,
whereby the Tribunal has allowed the Original Application by stating in
paragraph 10 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 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. Our attention has been drawn to the judgment of the Supreme Court in
Director (Admn. & HR) (supra), wherein the Supreme Court has in para 21
stated as under:
"21. In view of the above and for the reasons stated above,
the Division Bench of the High Court has rightly directed
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
W.P.(C) 6809/2022 Page 2 of 3
Signing Date:29.05.2023
15:42:41
Neutral Citation Number: 2023: DHC: 3658-DB
the appellants to grant one annual increment which the
original writ petitioners earned on the last day of their
service for rendering their services preceding one year from
the date of retirement with good behaviour and efficiently.
We are in complete agreement with the view taken by the
Division Bench of the High Court. Under the circumstances,
the present appeal deserves to be dismissed and is
accordingly dismissed. However, in the facts and
circumstances of the case, there shall be no order as to
costs."
6. Mrs. Ahlawat fairly concedes to the fact that the issue in this petition
gets covered by the judgment of the Supreme Court.
7. In view of the submission made, the challenge in the Writ Petition to
the impugned order is unmerited and the petition is dismissed. No costs.
8. The date of December 11, 2023 stands cancelled.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J.
MAY 25, 2023/akc
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:29.05.2023
15:42:41
