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HIGH COURT OF DELHI
W.P.(C) 14547/2024, CM APPL. 61003/2024
SHRI JIWAN RAM RETD ALA .....Petitioner
Through: Mr. Radha Mohan Sharma and Mr. Jiwan Ram, Advs.
Through: Mr. Ravi Prakash, CGSC
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN O R D E R (ORAL)
18.10.2024 C. HARI SHANKAR, J.
JUDGMENT
1. The petitioner, who had retired from service of the respondents on 30 June 2019, sought one notional increment w.e.f. 1 July 2019. On the said request not being acceded to, the petitioner instituted OA 2602/2023 before the learned Central Administrative Tribunal Principal Bench, New Delhi[1].
2. The learned Tribunal directed the respondents to take a view in the matter keeping in mind the judgment of the High Court of Madras in WP (C) 15732/2017 and the decision of the Supreme Court in SLP No. 22283/2018. “the learned Tribunal”, hereinafter
3. Mr. Ravi Prakash, learned CGSC for the respondents acknowledges that SLP No. 22283/2018 stands dismissed by the Supreme Court but submits that the respondents have filed a Review Petition vide Diary No.36418/2024 before the Supreme Court in an identical matter. Subject to the outcome of the said Review Petition, he submits that the Department of Personnel & Training[2] has, vide Office Memorandum[3] dated 14 October 2024, provided thus:
4. In view of para 7 of the OM, Mr. Ravi Prakash acknowledges that the petitioner would be entitled to one notional increment w.e.f. 1 July 2019, as sought by him, but prays that the direction may be made subject to the outcome of Review Petition vide Diary No. 36418/2024.
5. As such, subject to the outcome of the Review Petition filed before the Supreme Court vide Diary No. 36418/2024, the petitioner is entitled the benefit of para 7 of OM dated 14 October 2014 (supra). “DOPT” hereinafter “OM”, hereinafter
6. The writ petition is disposed of in the aforesaid terms.
7. Let the petitioner be granted the said benefits within a period of eight weeks from today.
C.HARI SHANKAR, J. DR.