Full Text
HIGH COURT OF DELHI
Date of Decision: 09.12.2024
AMRIT LAL YADAV & ORS. .....Petitioners
Through: Mr.Syed Hasan Istahani, Mr.Vikas Yadav, Ms.Shifa, Mr.Hasan, Advs.
Through: Nemo.
HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (Oral)
JUDGMENT
1. Allowed, subject to all just exceptions. W.P.(C) 17008/2024 & CM APPL. 72091/2024
2. This petition has been filed praying for the following reliefs:
(i) Issue writ, order, or directions in the nature of mandamus directing the Respondents: (a) to grant monetary benefits in replacement pay scale to the petitioners w.e.f. 01.01.1996 to 10.10.1997, as per ranks held by the petitioners as on 01.01.1996 or subsequent dates till 10.10.1997 and carry out the consequential notional fixation of pay along with payment of arrears in terms of the decision of this Hon'ble Court in WP (C) 1022 of 2023 vide the order dated 14.08.2024. (b) To release the said amount in favour of the petitioners with appropriate rate of interest, with other consequential benefits.”
3. The petitioners, in support of their prayer, place reliance on the Judgment dated 14.08.2024 of this Court in a batch of petitions including W.P.(C) 1022/2023, titled Ajit Singh & Ors. v. Union of W.P.(C) 17008/2024 India & Ors.
4. Issue notice.
5. Though none is appearing for the respondents, keeping in view the nature of the relief claimed and the reliance of the petitioners on the above referred Judgment, we are of the view that the respondents should consider the contents of the present petition as a representation of the petitioners, specifically keeping in view the Judgment referred to hereinabove, and decide upon the same within a period of eight weeks from the communication of this order. The respondents shall communicate their decision on the representation to the petitioners within the same period.
6. In case the respondents agree to the representation of the petitioners, the respondents shall release the consequential arrears to the petitioners, restricted to the period of three years prior to the date of filing of the present writ petition. In case the representation is rejected by the respondents for any reason, it shall be open to the petitioners to challenge the same by way of an appropriate proceeding in accordance with the law.
7. We make it clear that we have not expressed any opinion on the merits of the case.
8. With the above directions, the present petition alongwith the pending application is disposed of.
NAVIN CHAWLA, J RAVINDER DUDEJA, J DECEMBER 9, 2024/sg/SJ Click here to check corrigendum, if any