Employees State Insurance Corporation v. Inder Dutt Sharma & Ors.

Delhi High Court · 22 Sep 2023 · 2023:DHC:6919-DB

V. Kameswar Rao; Manmeet Pritam Singh Arora

W.P.(C) 12221/2023

2023:DHC:6919-DB

administrative appeal_dismissed Significant

AI Summary

The Delhi High Court upheld the Tribunal's order granting notional promotion and consequential benefits to senior employees if their juniors were promoted, dismissing the petition challenging the same.

Full Text

W.P.(C) 12221/2023
HIGH COURT OF DELHI
Date of Decision: September 22, 2023

W.P.(C) 12221/2023
EMPLOYEES STATE INSURANCE CORPORATION
THROUGH ITS DIRECTOR GENERAL ..... Petitioner
Through: Mr.Shlok Chandra, Standing Counsel with Mr.Saksham Jain and
Mr.Shubhanshu Mishra, Advocates.

VERSUS

INDER DUTT SHARMA & ORS. ..... Respondents
Through: Mr.S.M. Arif, Mr.S.M. Aatif and Ms.Shabnam Perween, Advocates for respondent No.1.
Mr.Ashok Kr.Kashyap, Sr.Panel Counsel with Mr.Kabir Kr.Hazarika, G.P. for respondent No.5.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
V. KAMESWAR RAO (ORAL)

CM APPL. 48009/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.

W.P.(C) 12221/2023 & CM APPL. Nos.48008 & 48010/2023

JUDGMENT

1. The challenge in this writ petition is to an order dated May 12, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (‘Tribunal’, for short) in O.A. 3450/2015, whereby the Tribunal while allowing the OA in paragraph No. 9 has stated as under:

“9. Having considered the legal position involved in the present

case, we hereby pass the following directions:-

(i) The respondents shall give the applicants notional promotion, if their juniors were promoted. They shall also be promoted from the date on which the juniors were promoted.

(ii) All the consequential benefits, after the date of retirement but prior to that from the due date and actual notional promotion is given, notional benefits will be given, within a period of four months from the date of receipt of a certified copy of this Order.”

2. At the outset, Mr. S.M. Arif, Advocate appearing for the private respondents would submit that the issue is no more res-integra in view of the judgment of this Court in the case of Employees State Insurance Corporation Through Its Director General v. Sh.Randhir Prasad Gupta & Ors., W.P.(C) No. 6074/2023 decided on May 09, 2023 wherein this Court has in paragraphs No.4 to 7 stated as under:

“4. The directions given by the Tribunal contemplate the respondents are entitled to notional promotion, if any juniors have been considered in the DPC in the year 2012-2013. Such an exercise has to be carried out by the petitioner. The directions presuppose a junior having been considered in the DPC of 2012-2013. 5. But the direction is at variance with the observation of the Tribunal in para 9 of the impugned order (last three lines), wherein the Tribunal has said: “It is needless to say that if none of the juniors to

the applicants are promoted, the applicants are not entitled to get promotion”

6. Meaningfully read, the respondents shall be entitled to notional promotion, if their juniors have been promoted in the DPC of 2012-2013.

7. Subject to the aforesaid clarification of the order of the Tribunal dated December 22, 2022, the Writ Petition is disposed of. Pending applications also stand disposed of.”

3. Mr.Shlok Chandra, learned Standing Counsel appearing for the petitioner concedes that the respondents herein are similarly placed like the respondents in the aforesaid case i.e. Employees State Insurance Corporation Through Its Director General v. Sh.Randhir Prasad Gupta & Ors.(supra).

4. If that be so, and having seeing the directions given by the Tribunal, we do not see any reason to interfere with the impugned order. The writ petition is dismissed.

V. KAMESWAR RAO, J.

MANMEET PRITAM SINGH ARORA, J. SEPTEMBER 22, 2023

Employees State Insurance Corporation v. Inder Dutt Sharma & Ors.

AI Summary

Full Text

JUDGMENT

Contact Us for a Free Consultation