S Siva Kumar v. Union of India

(2) S SIVA KUMAR..... Petitioner Through: Mr. A. K. Mehta and Ms. Gunjan Kumari, Advs.

VERSUS

UNION OF INDIA THROUGH ITS SECRETARY & ANR...... Respondent Through: Mr. Hemant Kumar Yadav, SPC for UOI with Mr. Kapil Dev Yadav, GP with Mr. Prahalad Devendra, CISF & Mr. A.N. Choubey, CISF CORAM: HON'BLE MR.

JUSTICE V. KAMESWAR RAO HON'BLE MR.

JUSTICE SAURABH BANERJEE

V. KAMESWAR RAO, J. (ORAL)

1. This petition has been filed by the petitioner with the following prayers:- “It is, therefore, most respectfully prayed by the Petitioners that this Hon'ble Court may be pleased to:- W.P.(C) 15467/2023 Page 2

(i) Issue a writ of mandamus to the Respondents to fix the basic pay of the petitioner at Rs.7,510 instead of Rs.6,750 and grant the Petitioner the basic pay equivalent to the other similarly placed Sub-Inspector under Respondent Nos. 1 and 2 and direct the Respondents to pay the arrears of pay w.e.f. 01.01.2006;

(ii) Pass any other order or direction as this Hon'ble

2. Our attention has been drawn to an order dated July 06, 2022of a Coordinate Bench of this Court in W.P. (C) 4524/2022, of which, one of us (Saurabh Banerjee, J.) was a member, has disposed of the petition involving identical prayers by stating in paragraph 4 as under:-

3. The judgment in the case of Vinoj V.V. and Ors. v. Union of India and Anr. 2018 SCC OnLine Del 12714 has been upheld by the Supreme Court as the SLP thereof was dismissed on July 19, 2019.

4. For parity of reasons, this writ petition is disposed of, at the admission stage itself, directing the respondents to examine the case of the petitioner in terms of decision in Vinoj V.V. and Ors. (supra) W.P.(C) 15467/2023 Page 3 within four weeks from today and if the petitioner is found eligible, his pay be refixed and arrears thereof, along with interest @ 9% p.a., be paid within four weeks thereafter. The petitioner who according to the respondents is not covered by the decision of Vinoj V.V. and Ors. (supra), be informed by the respondents in writing citing reasons therefore.

5. Petition is disposed of.

V. KAMESWAR RAO, J