Union of India and Ors. v. Gyan Dutt Sharma

Delhi High Court · 30 Apr 2026 · 2026:DHC:3824-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 5795/2026
2026:DHC:3824-DB
administrative appeal_dismissed Significant

AI Summary

The Delhi High Court dismissed the writ petition challenging the CAT order antedating the respondent's seniority, affirming that unchallenged tribunal judgments granting service benefits must be extended to all similarly situated persons under Articles 14 and 16.

Full Text
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W.P.(C) 5795/2026
HIGH COURT OF DELHI
W.P.(C) 5795/2026
UNION OF INDIA AND ORS .....Petitioners
Through: Ms. Niyati Sharma, SPC.
VERSUS
GYAN DUTT SHARMA .....Respondent
Through: Mr. A.K Trivedi and Mr. Yogesh Sharma, Advocates.
Mr. Amit Anand and Mr. Sunil Bansal, Advocates with respondent in person.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
30.04.2026 C. HARI SHANKAR J.
JUDGMENT

1. This writ petition is directed against order dated 1 July 2025 passed by the Central Administrative Tribunal[1] in OA 1089/2022, which sought antedating of the seniority of the respondent as Store Keeping Staff in the Army Ordinance Store.

2. Before the Tribunal, the respondent contended that the case was fully covered by the judgment dated 31 May 2025 passed by the Tribunal in OA 1987/2019[2], which was never challenged and was also implemented. “Tribunal” hereafter Rama Nand Prabhakar & Anr. v. Union of India & Ors. W.P.(C) 5795/2026

3. The Tribunal has merely followed this judgment.

4. Ms. Niyati Sharma, who appears for the petitioners was directed by the Court to inform the Court as to whether the said judgment was challenged. Today, she appears and candidly acknowledges that the judgment was never challenged.

5. In that view of the matter, we find no error in the view adopted by the Tribunal. Similarly situated persons have to be treated similarly in order to conform with Articles 14 and 16 of the Constitution of India.

6. The Supreme Court has also held in State of Karnataka and Others v. C. Lalitha[3], State of U.P. v. Arvind Kumar Srivastava[4] and Lt. Col. Suprita Chandel v. Union of India and Ors.[5] that the benefit of a judgment should enure to all persons similarly situated even if they do not approach the Court and that all persons are not required to knock at the doors of the Court.

7. The writ petition is accordingly dismissed.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. APRIL 30, 2026