Vinod Bhushan Sharma v. Union of India and Anr.; Ishaque Sharif v. Union of India and Anr.

Delhi High Court · 27 Sep 2023 · 2023:DHC:7155-DB
Sanjeev Sachdeva; Manoj Jain
W.P.(C) 5730/2020 & W.P.(C) 6590/2020
2023:DHC:7155-DB
service_law petition_allowed Significant

AI Summary

The Delhi High Court directed grant of the last annual increment and re-fixation of pensionary benefits to petitioners in line with the Supreme Court's ruling in Director (Admn. And HR) KPTCL.

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W.P.(C) 5730/2020 & connected matter
HIGH COURT OF DELHI
JUDGMENT
delivered on: 27.09.2023
W.P.(C) 5730/2020
VINOD BHUSHAN SHARMA ..... Petitioner
Versus
UNION OF INDIA AND ANR. ..... Respondents AND
W.P.(C) 6590/2020
ISHAQUE SHARIF ..... Petitioner
Versus
UNION OF INDIA AND ANR. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Pramod Kumar Tiwari, Advocate.
For the Respondents: Mr. T.P. Singh, Central Government Standing Counsel for UOI.
Mr. Thakur Prasad Singh, CGSC with Mr. Ankit Pandey, AC/CISF.
Mr. Siddharth Khatana, Senior Panel Counsel.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM. APPL. 42239/2023 in W.P. (C) 5730/2020
CM. APPL. 42233/2023 in W.P. (C) 6590/2020

1. By these applications, petitioners seek listing of their writ petitions, which were adjourned sine die by order dated 07.12.2022.

2. For the reasons stated in the applications, the same are allowed. The petitions are taken up for consideration today. W.P. (C) 5730/2020 W.P. (C) 6590/2020

3. These petitions were adjourned sine die by order dated 07.12.2022 to await the outcome of Special Leave Petition, which was pending before the Supreme Court. Subsequently, by judgment in Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani and Ors., 2023 SCC OnLine SC 401, which was then followed in SLP (Civil) 2646/2020 and other connected petitions on 11.07.2023, the Supreme Court has directed that the respondents have to grant one annual increment which the petitioners earn on the last day of their service for rendering their service in the preceding one year from the date of retirement with good behaviour and efficiency.

4. It is an admitted position that the case of the petitioners herein is squarely covered by the judgment of the Supreme Court in Director (Admn. And HR) KPTCL (supra).

5. These petitions are disposed, directing the respondents to grant an increment and re-fix their monthly pension/pensionary benefits considering the service rendered by each of the petitioners in the preceding one year as has been held by the Supreme Court in Director (Admn. And HR) KPTCL (supra). Arrears be computed and disbursed to the petitioners, preferably within a period of six weeks from today.

SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 27, 2023