Gurbachan Singh and Ors. v. UOI & Ors.

Delhi High Court · 04 Apr 2016 · 2016:DHC:2765-DB
Hima Kohli; Sunil Gaur
WP(C) 11029-11032/2006
2016:DHC:2765-DB
administrative petition_dismissed

AI Summary

The Delhi High Court disposed of the writ petition challenging salary recovery as infructuous after pay fixation orders were passed in favor of the petitioners, directing reversal of any recoveries made.

Full Text
Translation output
WP(C) 11029-11032/2006 HIGH COURT OF DELHI W.P.(C) 11029-11032/2006
HC GURBACHAN SINGH AND ORS. ..... Petitioners.
Through : Mr. O.P. Aggarwal, Advocate.
VERSUS
UOI & ORS. .... Respondents
Through : Dr. Ashwani Bhardwaj, Advocate.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R 04.04.2016
JUDGMENT

1. The present petition has been filed by the four petitioners, out of whom petitioner No. 1 has retired from CISF, praying inter alia for direction to the respondents to restore their salary at the appropriate level and quash the order dated 16.4.2005, seeking recovery of over payment from their salaries with effect from April, 2005, through monthly instalments.

2. Learned counsel for the respondents states that during the pendency of the present petition, an order dated 11.10.2010 was passed in respect of the petitioner No.1 amending fixation of his pay under the MACP scheme and the stepping up of pay in respect of the petitioner No.1. A copy of the said order is handed over and taken on record along with a copy furnished to the other side.

3. As for the petitioner No. 2, a similar order was passed qua him for stepping up of pay on 08.9.2010, a copy whereof is handed over and taken on record. 2016:DHC:2765-DB WP(C) 11029-11032/2006

4. In the case of petitioner No. 3, an order dated 09.4.2012 was passed, amending his pay fixation in the 6th CPC. A copy of the said order is handed over and taken on record.

5. Coming to the petitioner No.4, an order dated 25.1.2012 was issued by the respondents stepping up his pay, a copy whereof is handed over and taken on record.

6. Learned counsel for the petitioners states that in view of the aforesaid orders, nothing further survives for adjudication in the present petition, which is accordingly disposed of. Further, in view of the stepping up of the pay of the petitioners, recoveries, if any, made by the respondents in terms of the order dated 16.4.2005, shall be reversed in the accounts of the petitioners, within a period of eight weeks from today. HIMA KOHLI, J SUNIL GAUR, J APRIL 04, 2016 ap/sk