Union of India v. Praveen Arora & Ors.

Delhi High Court · 04 Oct 2021 · 2021:DHC:3176-DB

Rajiv Shakdher; Talwant Singh

W.P.(C) 3477/2018

2021:DHC:3176-DB

administrative appeal_dismissed Significant

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The Delhi High Court dismissed the Union of India's writ petition and upheld the Tribunal's order directing antedated promotions and consequential arrears to eligible employees, following the binding Supreme Court precedent.

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HIGH COURT OF DELHI
Decision delivered on: 04.10.2021

W.P.(C) 3477/2018 & CM Nos. 13707-09/2018
UNION OF INDIA & ANR ..... Petitioners
Through: R.V. Sinha, Senior Central Government Counsel with Mr. A.S.
Singh, Amit Sinha & Sharanya Sinha, Advs.

VERSUS

PRAVEEN ARORA & ORS ..... Respondents
Through: Mr. R.K. Kapoor, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE TALWANT SINGH RAJIV SHAKDHER, J. (ORAL):
[Court hearing convened via video-conferencing on account of COVID-19]

JUDGMENT

1. This writ petition is directed against the order dated 22.09.2017, passed by the Central Administrative Tribunal [in short “the Tribunal”] in OA No.2747/2014.

1.1. Via the impugned order, the Tribunal has, in the operative part of the judgment, issued the following directions:-

“9. In view of the above analysis, we are inclined to allow this O.A. and direct the respondents to grant ante dated promotions to Grade 'G' to the applicants under the FCS from the dote of their eligibility. The applicants shall also be entitled to consequential arrears. Considering the facts and

W.P.(C) 3477/2018 2021:DHC:3176-DB circumstances of the case, we are not inclined to allow any interest on the arrears. The benefits may be given to the applicants within a period of 08 weeks from the date of receipt of a certified copy of this order.”

1.2. The consequences of the operative directions issued by the Tribunal are that, the respondents before us, who are the original applicants, had to be accorded antedated promotions from the date, when they became eligible.

2. Mr. R.K. Kapoor, who appears on behalf of the respondents, has drawn our attention to the judgment of the Supreme Court, dated 25.08.2021, passed in Civil Appeal No.6359/2016, titled: Union of India & Ors.vs. Vinay Kumar.

2.1. Mr. Kapoor says that, the aforementioned judgment of the Supreme Court covers the issue, albeit, against the petitioners herein, in effect, Union of India.

2.2. In this behalf, Mr. Kapoor relies upon paragraph 13 and 14 of the aforementioned judgment of the Supreme Court. For the sake of convenience, the same are extracted hereafter:-

“13. The decision presently under challenge was based on the earlier decision rendered by the High Court in S.K. Murti which was affirmed by this Court. The view taken by the High Court that the interest of the concerned Scientists could not be put to prejudice as a result of delay in constituting the Assessment Committee in time, was affirmed by this Court. The subsequent office memoranda dated 19.09.2016 and 12.02.2019 carry and seek to implement the same principle. 14. In the circumstances, we see no reason to take a different view in the matter. Affirming the view taken by the High Court which is presently under challenge, we dismiss the Civil Appeal No. 6359 of 2016 without any order as to costs.”

3. Mr. R.V. Sinha, who appears for the petitioners/UOI, cannot but accept, that the issue raised in the instant writ petition is covered by the aforementioned judgment of the Supreme Court.

4. Accordingly, the writ petition is dismissed. Consequently, pending applications shall also stand closed.

5. Needless to add that, the petitioners i.e., Union of India will act with due expedition, and grant promotions to the respondents, at the earliest, though, not later than three weeks from the date of the receipt of a copy of this order.

7. The case papers shall stand consigned to record.

RAJIV SHAKDHER, J TALWANT SINGH, J OCTOBER 4, 2021 Click here to check corrigendum, if any

Union of India v. Praveen Arora & Ors.

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JUDGMENT

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