Ashwani S/O. Dwarakaprasad Gupta v. Union of India, Ministry of Mines, Thr. Secy., New Delhi and Ors.

Bombay HC19 Dec 2024WP/7330/2024

Case brief

AI extract

What is this about?

Retired employee challenged downscaling of his pay level from 12 to 10 post-superannuation, alleging unequal treatment compared with similarly placed retirees. Court found prima facie substance, directed respondent No.1 to decide his representation dated 30.08.2024 and report by 10.01.2025.

What did the court decide?

Respondent No.1 directed to decide representation dated 30.08.2024 and place decision before Court by 10.01.2025; notice issued, matter listed 13.01.2025.

Ashwani S/O. Dwarakaprasad Gupta vs Union of… — Pension and Retirement Benefits | Bombay HC (2024)

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1 932.wp.7330.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 7330/2024

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Shri Ashwani s/o. Dwarakaprasad Gupta

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Vs.

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Union of India and Ors.

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. A. Jaiswal, Sr. Advocate with Mr. A. A. Sambaray, Advocate for Petitioner.

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Mr. N. Deshpande, DSGI. for Respondent No.1.

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CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

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DATED : 19/12/2024.

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. Heard.

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Issue notice to the respondents indicating that the petition shall be taken up for final disposal at admission stage.

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Mr. N. Deshpande, learned D.S.G.I. waives service of notice for respondent Nos.1 to 3.

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It is the case of the petitioner that the cadre in which the petitioner has served consist of 75 members, who were placed in Pay Band of level 12. Post retirement on 31.10.2024 same was scaled down to level 10 without there being any justifiable reason.

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It is claimed that the aforesaid action on the part of the respondent No.3 is contrary to the practice adopted by the respondent No.2 in relation to 72 similarly placed employees, who already stood superannuated and were kept in pay level 12.

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2 932.wp.7330.24

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Our attention is invited to the fact of illegality practiced by the respondent No.3 in relation to the petitioner and other two employees through a representation dated 30.08.2024 brought to the notice of respondent No.1 the higher authority in hierarchy.

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We have perused the said representation preferred by the petitioner to the respondent No.1 addressed on 30.08.2024. Prima facie, we are of the view that there appears to be substance in what has been claimed by the petitioner in this petition.

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In this background, we deem it appropriate to direct the respondent No.1 to delve on the controversy which is brought to their notice vide Representation dated 30.08.2024 at Annexure – 25.

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The decision taken by the respondent No.1 on the said representation be placed before this Court on or before 10.01.2025.

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Stand over to 13.01.2025.

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We direct the Deputy Solicitor General of India who have waived notice for all the respondents to communicate this order to the respondent No.1 immediately.

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(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.)

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RGurnule

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Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 21/12/2024 12:14:26

Ashwani S/O. Dwarakaprasad Gupta v. Union of India, Ministry of Mines, Thr. Secy., New Delhi and Ors.

Case brief

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Ashwani S/O. Dwarakaprasad Gupta v. Union of India, Ministry of Mines, Thr. Secy., New Delhi and Ors.

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