Delhi High Court
Rajbir Singh Chauhan & Ors vs Union Of India & Anr on 27 May, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7442/2025 & CM APPL. 33300/2025
RAJBIR SINGH CHAUHAN & ORS. .....Petitioners
Through: Dr. S.S. Hooda and Mr. Jai
Singh Saharan, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Piyush Beriwal, Mr. Rudra
Paliwal and Ms. Jyotsna Vyas, Advs. for R-1
&2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 27.05.2025
C. HARI SHANKAR, J.
1. Both sides submit ad idem that this writ petition may be
disposed of in terms of order dated 12 February 2025 passed by a
Coordinate Division Bench of this Court in WP (C) 1743/20251,
which reads thus:
"2. This petition has been filed by the petitioners praying for
the following reliefs:
"I. Issue a Writ of Certiorari for quashing of the letter
dated 22.11.2024 (Anneure-P1) and 06.01.25 (Annexure-
P2) issued by the Respondents wherein representations
dated 07.01.2024 (Annexure-P11) and 09.12.2024
(Annexure-P12) of the Petitioners have been rejected and
have denied the benefit of Nonfunctional Upgradation in
Anand Pratap Singh v UOI
the grade pay of Rs.5400/- in an arbitrary and unfair
manner; and
II. Issue a Writ of Mandamus directing the
Respondents to grant the benefit of Nonfunctional
Upgradation in the Grade Pay Rs.5400 in Pay Band-3 w.e.f
the date of them being eligible as granted by this Hon'ble
Court vide judgment(s) dated 09.09.2024 in WP.(C) No.
690/2022 (Annexure-P9), 14.10.2024 in WP.(C)
N0.886/2020 (Annexure-P10) and Judgment dated
6.09.2010 WP No. 13225/2010 (Annexure-P4) passed by
the Hon'ble High Court of Madras as upheld by the Hon'ble
Supreme Court in Civil Appeal No.8883/2011 vide order
dated 10.102017 (Annexure-P5), along with arrears, and
all other consequential benefits;"
3. The learned counsel for the petitioners submits that the case
of the petitioners is squarely covered by the Judgment of this Court
in Sushil Kumar v Union of India & Ors2,. He submits that in
spite of the same, by the Impugned Orders dated 22.11.2024 and
06.01.2025, the representation of the petitioners has not been
considered, solely on the ground that the respondents have not yet
received instructions from the Ministry of Home Affairs regarding
the implementation on the above judgment.
4. The learned counsel for the respondents, who appear on an
advance notice, reiterates the said submission.
5. Taking note of the above submission, we are of the view
that the respondents must implement the judgment of this Court in
Sushil Kumar (supra), unless the same has been challenged and an
order praying its implementation has been passed by the Supreme
Court.
6. In view of the above, we dispose of the present petition by
directing the respondents to consider the contents of the present
petition as a representation of the petitioners. In case the petitioners
are found entitled to the relief in terms of our Judgment in Sushil
Kumar (supra), the same should be granted to the petitioners
within a period of eight weeks from today. However, if there is any
order to the contrary passed by the Supreme Court, as far as Sushil
Kumar (supra) is concerned, our directions would also be equally
affected as far as the petitioners are concerned.
7. With the above directions, the present petition is disposed
of."
2024 SCC OnLine Del 6482
2. Accordingly, the present petition is also disposed of with a
direction to the respondents to treat this writ petition as a
representation. In case the petitioners are found entitled to the benefit
in terms of the judgment of this Court in Sushil Kumar v Union of
India, the relief would be granted to the petitioners within eight weeks
from today.
3. Learned Counsel for the petitioners point out that the SLP in
Sushil Kumar also stands dismissed.
4. The present petition stands disposed of in the aforesaid terms.
5. Needless to say, either party, if it continues to remain
aggrieved, may avail of their remedies in accordance with law.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
MAY 27, 2025/aky
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