The High Court of Delhi permitted the appellant to withdraw the appeal with liberty to file a review application concerning financial upgradation and pay arrears.
Permitted withdrawal of the appeal with liberty to file a review application.
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versus
M/S DELHI STATE CIVIL SUPPLIES CORPORATION LIMITED ..... Respondent Through Ms. Jyoti Juneja, Advocate for GNCTD.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA
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O R D E R 05.10.2016
After some hearing, learned counsel for the appellant states that he
would only press the issue in prayer clause (iv), which is to the following
effect:-
“iv) to grant financial upgradation to the petitioner in the scale applicable to Assistant Manager w.e.f 1997 i.e. after taking to account (08) eight years in AG-II w.e.f. 17.3.1989 and pay arrears accrued to the petitioner with 15% interest thereon;”
upgradation after eight years in 1998 even treating the date of promotion on 27th December, 1990. He has drawn our attention to paragraph 31 of the
writ petition, which is as under:-
“31. That as a consequence to the promotion of immediate junior of the petitioner, earlier in the time the junior was granted upgradation in the year 1998 on completion of eight year service in AG-II. The petitioner, however, was ignored on the ground that he was promoted from a later date. Thus, the petitioner is also suffering the loss of pay because he was not considered for upgradation.”
at any point of time subsequently till today. This he submits would be a continuing cause of action and at best the Court may restrict the arrears.
The appeal is dismissed as withdrawn with liberty as prayed for.
SANJIV KHANNA, J.
SUNITA GUPTA, J.
OCTOBER 05, 2016 VKR
Madan Lal
M/S Delhi State Civil Supplies Corporation Limited
Sanjiv Khanna
Sunita Gupta
As recorded by the court registry
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