Delhi High Court
S Siva Kumar vs Union Of India Through Its Secretary & ... on 5 January, 2024
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: January 05, 2024
+ W.P.(C) 15467/2023, CM APPL. 61992/2023
(2) S SIVA KUMAR ..... Petitioner
Through: Mr. A. K. Mehta and Ms. Gunjan
Kumari, Advs.
versus
UNION OF INDIA THROUGH ITS SECRETARY & ANR.
..... Respondent
Through: Mr. Hemant Kumar Yadav, SPC for
UOI with Mr. Kapil Dev Yadav, GP
with Mr. Prahalad Devendra, CISF &
Mr. A.N. Choubey, CISF
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(C) 15467/2023
1. This petition has been filed by the petitioner with the following
prayers:-
"It is, therefore, most respectfully prayed by the
Petitioners that this Hon'ble Court may be pleased to:-
By:DHARMENDER SINGH W.P.(C) 15467/2023 Page 1
(i) Issue a writ of mandamus to the Respondents to fix
the basic pay of the petitioner at Rs.7,510 instead of
Rs.6,750 and grant the Petitioner the basic pay
equivalent to the other similarly placed Sub-Inspector
under Respondent Nos. 1 and 2 and direct the
Respondents to pay the arrears of pay w.e.f. 01.01.2006;
(ii) Pass any other order or direction as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
2. Our attention has been drawn to an order dated July 06, 2022of
a Coordinate Bench of this Court in W.P. (C) 4524/2022, of which,
one of us (Saurabh Banerjee, J.) was a member, has disposed of the
petition involving identical prayers by stating in paragraph 4 as under:-
"4. In view of the above, the present petition is
disposed of with direction to the respondents to examine
the case of each of the 16 petitioners in terms of decision
in Vinoj V.V. and Ors. (Supra) within four weeks and if
the petitioners are found eligible, their pay be refixed
and arrears thereof, along with interest @9% p.a., be
paid within four weeks thereafter. The petitioners, who
according to the respondents are not covered by
decision in Vinoj V.V. and Ors. (Supra), be informed by
the respondents in writing by citing reasons therefor."
3. The judgment in the case of Vinoj V.V. and Ors. v. Union of
India and Anr. 2018 SCC OnLine Del 12714 has been upheld by the
Supreme Court as the SLP thereof was dismissed on July 19, 2019.
4. For parity of reasons, this writ petition is disposed of, at the
admission stage itself, directing the respondents to examine the case of
the petitioner in terms of decision in Vinoj V.V. and Ors. (supra)
By:DHARMENDER SINGH W.P.(C) 15467/2023 Page 2
within four weeks from today and if the petitioner is found eligible, his
pay be refixed and arrears thereof, along with interest @ 9% p.a., be
paid within four weeks thereafter. The petitioner who according to the
respondents is not covered by the decision of Vinoj V.V. and Ors.
(supra), be informed by the respondents in writing citing reasons
therefore.
5. Petition is disposed of.
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 05, 2024/ak
By:DHARMENDER SINGH W.P.(C) 15467/2023 Page 3
