North Delhi Municipal Corporation v. Premlata Kataria

Delhi High Court · 22 Sep 2015 · 2015:DHC:7940-DB
G. S. Sistani; Sangita Dhingra Sehgal
W.P.(C) No. 9097/2015
2015:DHC:7940-DB
administrative other

AI Summary

The Delhi High Court granted leave to the petitioner to seek clarification of the CAT order fixing the respondent’s pay and retiral benefits, disposing of the writ petition without quashing the order.

Full Text
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W.P.(C) No. 9097/2015 HIGH COURT OF DELHI
W.P.(C) 9097/2015
JUDGMENT
dated 22nd September, 2015 NORTH DELHI MUNICIPAL CORPORATION ..... Petitioner
Through : Ms. Biji Rajesh, Advocate for Mr. Gaurang Kanth, Advocate
versus
PREMLATA KATARIA ..... Respondent
Through :
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J (ORAL)

1. Present writ petition has been filed by petitioner under Article 226 of the Constitution of India seeking a direction to quash the impugned Order dated 27.11.2014 passed by Central Administrative Tribunal, Principal Bench, New Delhi, in O.A.No.3221/2013.

2. Learned counsel for the petitioner submits that the petitioner is primarily aggrieved by the directions contained in the impugned order more particularly where the Tribunal has not only directed the petitioner to fix the pay of the respondent in the pay scale attached to the post of Director (PE) from 21.4.2008 to 30.11.2011 till the respondent retired from the service, but has also directed that the respondent would be entitled to other retiral benefits with all consequential benefits. It is also submitted that there may be persons senior to the respondent herein and, thus, the respondent would not be entitled to notional promotion to the post of Director (P.E.).

3. We have heard learned counsel for the petitioner and also perused the impugned order dated 27.11.2014 passed by the Tribunal. Leave, as prayed 2015:DHC:7940-DB W.P.(C) No. 9097/2015 for, is granted to the petitioner to seek clarification of the impugned order dated 27.11.2014 passed by the Tribunal.

4. Writ petition stands disposed of in view of above. CM APPL. 20604/2015 (STAY)

5. Application stands disposed of in view of the order passed in the writ petition. G.S.SISTANI, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 22, 2015 msr