Partly allowed

G.B. Wayafalkar v. Union of India & Ors.

Delhi HC15 Feb 2016W.P.(C)/1086/2016

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking quashing of a signal reducing the petitioner's pay. Directing the respondents to consider a pending representation within six weeks and pass a speaking order taking note of a Division Bench judgment.

What did the court decide?

Direction to respondents to consider pending representation within six weeks and pass a speaking order.

G.B. Wayafalkar Vs Union of India & Ors. — Pension and Retirement Benefits | Delhi HC (2016)

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$~5.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1086/2016 and C.M. APPL. 4731/2016

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G.B. WAYAFALKAR ..... Petitioner Through: Mr. Nishant Gautam, Advocate with Mr. Vardhman Kaushik, Advocate

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versus

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UNION OF INDIA & ORS ..... Respondents Through: Mrs. Santosh Kohli, CGSC

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CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

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O R D E R % 15.02.2016

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The present petition has been filed by the petitioner praying

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inter alia for issuance of a writ of certiorari, quashing the Signal dated 19.07.2011, whereunder his basic pay has been reduced from Rs.9,480/- to Rs.9,130/- and thereafter, steps have been initiated to recover the alleged excess amount from his salary.

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Learned counsel for the petitioner submits that the issue raised in the present case is no longer res integra inasmuch as in almost similar facts, a writ petition filed against the CRPF, registered as W.P.(C) 2654/2014 entitled “HC/RO S.S. Suhag and Ors. Vs. UOI and Ors.” was allowed by a Division Bench vide judgment dated

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W.P.(C) 1086/2016 Page 1 of 3

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20.05.2014 (Annexure P-7). He submits that relying on the said decision, the petitioner has submitted a representation dated 02.12.2015 to the respondents for recalling the order for recovery of the alleged excess payment made to him but the same has remained pending without a decision.

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Mrs. Santosh Kohli, learned counsel for the respondents, who appears on advance notice, submits that the Union of India has preferred an appeal against the judgment dated 20.05.2014 in the captioned case, registered as SLP (Civil) No.19124/2015. A copy of the order dated 04.11.2015 passed by the Supreme Court has been handed over, which reveals that notice has been issued in the said appeal. However, there are no interim orders granted in favour of the respondents/UOI.

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In view of the submission made by the counsel for the petitioner that the respondents be directed to dispose of the pending representation of the petitioner, the present petition is disposed of with directions to the respondents to consider the representation dated 02.12.2015 submitted by the petitioner and pass a speaking order within six weeks after taking note of the judgment dated 20.05.2014 in the captioned case. If the petitioner is still aggrieved by the decision

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W.P.(C) 1086/2016 Page 2 of 3

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that may be taken by the respondents, he shall be entitled to seek his remedies in accordance with law.

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The petition is disposed of alongwith the pending application.

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DASTI to the respondents

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HIMA KOHLI, J

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SUNIL GAUR, J

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FEBRUARY 15, 2016 rkb

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Page 3 of 3

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W.P.(C) 1086/2016

G.B. Wayafalkar v. Union of India & Ors.

Case brief

What is this about?

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G.B. Wayafalkar v. Union of India & Ors.

Case brief

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