Union of India & Ors. v. Sh Harish Chander Raheja

Delhi High Court · 08 Sep 2025 · 2025:DHC:7797-DB

Navin Chawla; Madhu Jain

W.P.(C) 13724/2025

2025:DHC:7797-DB

administrative petition_dismissed Significant

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The Delhi High Court dismissed the Union of India's writ petition upholding the Tribunal's order restoring pay fixation and refunding gratuity deductions, relying on binding precedent affirmed by the Supreme Court.

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WP(C) 13724/2025
HIGH COURT OF DELHI
Date of Decision: 08.09.2025

W.P.(C) 13724/2025
UNION OF INDIA & ORS. .....Petitioners
Through: Mr.Syed Abdul Haseeb, CGSC, Mr.Tanveer Zaki, Adv.

VERSUS

SH HARISH CHANDER RAHEJA .....Respondent
Through: Mr.Sachin Chauhan, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL)

CM APPL.56367/2025 (Exemption)

JUDGMENT

1. Allowed, subject to all just exceptions. CM APPL. 56370/2025

2. This application seeks permission to file lengthy synopsis and list of dates.

3. Having considered the contents of the application, the same is allowed. W.P.(C) 13724/2025 & CM APPL. 56368/2025, 56369/2025

4. This petition has been filed, challenging the Order dated 03.04.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No.1655/2016, titled Harish Chander Raheja vs. Union of India and Ors., allowing the said O.A. filed by the respondent herein with the following directions:

“5. In view of the same, we cannot take a divergent view, which has already been upheld by the Hon'ble High Court in the W.P.(C) 1239/2025, therefore, impugned order dated 06.01.2015 is quashed and set aside. The pay fixation made prior to the impugned order is restored. The applicant is entitled to a refund of Rs.3.43 lakh, already deducted from the gratuity. We also make it clear that any consequential relief pursuant to the restoration of the order shall follow. This exercise shall be completed within three months from today, failing which the applicant shall be entitled to interest at GPF rates. 6. The prayer for payment of interest is declined. Although reliance was placed on the decision in S K Dua Vs. State of Haryana & Anr. [(2008) 3 SCC 44], we find that the facts of that case are not applicable to the present case.”

5. In passing the Impugned Order, the learned Tribunal has placed reliance on the Judgment of this Court in Union of India & Ors v. Suresh Kumar, 2025:DHC:600-DB, which, in our opinion, applies to the facts of the present case.

6. We are informed that the Special Leave Petition (Civil) against the said Judgment, being Special Leave Petition (Civil) Diary No(s) 28635/2025, has also been dismissed by the Supreme Court vide Order dated 10.07.2025, observing as under: “We see absolutely no reason to interfere in the order passed by the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India.”

7. In view of the above, we find no merit in the present petition. The same is, accordingly, dismissed. Pending applications are also disposed of being infructuous.

NAVIN CHAWLA, J MADHU JAIN, J SEPTEMBER 8, 2025/Arya/ik

Union of India & Ors. v. Sh Harish Chander Raheja

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JUDGMENT

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