W.P.(C)/9652/2024 of MAHENDRA PAL SHARMA Vs UNION OF INDIA & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 9652/2024 & CM APPL. 39644/2024 –Ex.MAHENDRA PAL SHARMA.....PetitionerMAHENDRA PAL SHARMA.....Petitioner

.....PetitionerThrough:Mr.PramodKumarTiwariwithMr.Anil Kr.Sinha, Advs.

versus

UNION OF INDIA & ANR.

.....RespondentThrough:Mr.GauravSharmawithMr.SiddharthaNagpal,Mr.GauravMishra,Mr.DeepalGoel,Mr.SoorajJacob,Advs&Mr.Chetan, GP, Insp. Sanjay Kumar.

CORAM:HON'BLE MS. JUSTICE REKHA PALLIHON'BLE MS. JUSTICE SHALINDER KAURO R R

16.07.2024

1. The petitioner has approached this Court under Article 226 of theConstitution of India seeking direction to the respondents to granthim his due increments in the light of the decision of the Apex Courtin Director(Admn. & HR) KPTCL & Ors. versus C.P.Mundinamani& Ors. [Civil Appeal No.2471/2023].Constitution of India seeking direction to the respondents to granthim his due increments in the light of the decision of the Apex Courtin Director(Admn. & HR) KPTCL & Ors. versus C.P.Mundinamani& Ors. [Civil Appeal No.2471/2023].

2. Learned counsel for the petitioner submits that for the present, thepetitioner will be satisfied, in case, the respondents are directed toexamine their claims in the light of the decision of the Apex Court inDirector(Admn. & HR) KPTCL & Ors.(supra) in time boundmanner.petitioner will be satisfied, in case, the respondents are directed toexamine their claims in the light of the decision of the Apex Court inDirector(Admn. & HR) KPTCL & Ors.(supra) in time boundmanner.

3. Issue notice. Learned counsel for the respondents accepts notice andsubmits that since the claim of the petitioner is already under activesubmits that since the claim of the petitioner is already under active

consideration of the respondents, he has no objection if the petition isdisposed of by directing the respondents to take final decision in thisregard in time bound manner.

4. In the light of this fair stand taken by the respondents, the writ petitionis disposed of by directing the respondents to consider the petitioner’sclaims as raised in the present petition within period of eight weeksfrom today by passing reasoned and speaking orders qua each of thepetitioner.is disposed of by directing the respondents to consider the petitioner’sclaims as raised in the present petition within period of eight weeksfrom today by passing reasoned and speaking orders qua each of thepetitioner.

5. Needless to state while taking decision on the petitioner’s claims,the respondents will, take into account the decision of the Apex Courtin Director(Admn. & HR) KPTCL & Ors.(supra). It is further madeclear that, in case, the petitioner is aggrieved by any order passed bythe respondents, it will be open for him to seek legal course aspermissible in law.the respondents will, take into account the decision of the Apex Courtin Director(Admn. & HR) KPTCL & Ors.(supra). It is further madeclear that, in case, the petitioner is aggrieved by any order passed bythe respondents, it will be open for him to seek legal course aspermissible in law.

REKHA PALLI, J

JULY 16, 2024SR

SHALINDER KAUR, J