Partly allowed

Bharat Sanchar Nigam Limited v. A.K. Nagar & Anr.

Delhi HC2 May 2017W.P.(C)/3546/2017

Case brief

AI extract

What is this about?

This order discounts a clarification on a scale discrepancy identified by the petitioner in a Constitutional writ petition concerning the grant of a Higher Administrative Grade to a respondent, directing the court below to address the issue.

What did the court decide?

Petitioner directed to approach the Central Administrative Tribunal for clarification regarding the scale discrepancy.

Bharat Sanchar Nigam Limited Vs A.K. Nagar… — Pension and Retirement Benefits | Delhi HC (2017)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3546/2017

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BHARAT SANCHAR NIGAM LIMITED ..... Petitioner Through: Mr. Alakh Kumar and Mr.V.M.Srivastava, Advocates

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versus

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A.K. NAGAR & ANR. ..... Respondents Through: Mr.Abhishek Khanna, Govt. Pleader for UOI/R-2.

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CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA

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O R D E R

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% 02.05.2017

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C.M.15462/2017 (for exemption)

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Exemption is allowed subject to just exceptions.

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Application stands disposed of.

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W.P.(C) 3546/2017 & C.M.15461/2017 (for stay)

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The Bharat Sanchar Nigam Limited has assailed the order dated 23.07.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A.1226/2010. The Tribunal has allowed the Original Application relying the judgment of the Supreme Court in Selvaraj vs. Lt.Governor of Island, Port Blair and Others (1998) 4 SCC 291 and directed the petitioner to grant to the respondent no.1 herein the Higher Administrative Grade (pre-revised 22400-525-24500) with effect from the date of his entitlement i.e. the date from which he actually held the additional duty on the higher

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post.

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Mr.Alakh submits that the petitioner is not assailing the impugned order on its merits. His only submission is that the direction to give to the respondent no.1 the Higher Administrative Grade (prerevised scale thereof was 22400-525-24500) may need clarification inasmuch as there was no pre-revised scale of 22400-525-24500. According to the petitioner, the respondent no.1 was in the prerevised Grade E-9 having pre-revised scale of 23750-600-28550 and its corresponding revised IDA scale is 62000-80000 as per the office order dated 05.03.2009.

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A perusal of the impugned order shows that there is no discussion on the said aspect presumably because the said aspect was not raised before the Tribunal. In these circumstances, we leave it to the petitioner to approach the Tribunal for clarification.

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Petition along with the pending application stands disposed of in the above terms.

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VIPIN SANGHI, J

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DEEPA SHARMA, J

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MAY 02, 2017 rb

Bharat Sanchar Nigam Limited v. A.K. Nagar & Anr.

Case brief

What is this about?

What did the court decide?

Bharat Sanchar Nigam Limited v. A.K. Nagar & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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