Disposed

A.K. Pathak & Ors. v. New Delhi Municipal Council through Its Chairman & Anr.

Delhi HC11 Sept 2024W.P.(C)/1349/2020

Case brief

AI extract

What is this about?

Petitioners challenged an order staying benefits on TBPS/DTL scales due to a sub-judice issue. As the Supreme Court decided that sub-judice issue, the Court directed the respondent to pass fresh orders and grant eligible benefits.

What did the court decide?

Respondent directed to pass fresh orders; if petitioners are eligible, benefits to be given within four weeks.

A.K. Pathak & Ors. Vs New Delhi Municipal… — Pension and Retirement Benefits | Delhi HC (2024)

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$~16

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Decision delivered on: 11.09.2024

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- W.P.(C) 1349/2020

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A.K. PATHAK & ORS. .....Petitioners

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Through: Mr. M.K. Bhardwaj, Ms. Priyanka M. Bhardwaj and Mr. Arun Parkash, Advocates

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versus

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NEW DELHI MUNICIPAL COUNCIL THROUGH ITS CHAIRMAN & ANR .....Respondents Through: Mr. Vaibhav Agnihotri, ASC for NDMC

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA

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J U D G M E N T (ORAL)

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By way of the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have sought the following reliefs:

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“(i) To quash and set aside the impugned order dated 31.05.2019 in CP No. 663/2018 in OA No. 3921/2017 passed by Principal Bench, Central Administrative Tribunal, New Delhi and direct the respondents to implement the order of Hon'ble Tribunal dated 09.11.2017 in OA No.

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W.P.(C) 1349/2020 Page 1 of 3 pages

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Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:1 3.09.2024 17:07:58

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3921/2017 by granting 2^nd / 3^rd TBP Scale/ DTL Scale to the petitioners in the scale of Rs. 37400-67000 with grade pay of Rs. 8900 on completion of 18/26 years of service with all consequential benefits at par with applicants in OA No. 1366/2016.

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(ii) To allow the Writ Petition with exemplary cost.

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(iii) To pass such other and further order which their Lordships of this Hon'ble High Court deem fit and proper may please be passed.”

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Learned counsel for the petitioners has drawn the attention of this Court to paragraph 9.3 of the order dated 28.05.2019 passed by Joint Director (Civil) and the same is reproduced as under:

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“9.3 Separately NDMC has filed SLP No. 5463/2018 against the judgment dated 27.07.2017 of Hon’ble High Court in W.P. No. 5139/2017 which was filed against the Hon’ble CAT, Principal Bench judgment dated 16.02.2017 in O.A. No. 1366/2016 filed by Shri William Parasar and others. The issue relating to grant of 3rd TBPS to the pay scale of the post of Superintending Engineer, raised by Shri A.K. Pathak and Others is thus sub-judice and no further action can be taken till the decision of Hon’ble Supreme Court.”

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The issue pending before the Hon’ble Supreme Court has already been decided and dismissed vide order dated 30.04.2024 in SLP Civil No. 5463/2018 in the case titled New Delhi Municipal Council vs. William Parasher & Ors.

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Keeping in view the order passed by the Hon’ble Supreme Court in the case mentioned above, the respondents are directed to pass fresh orders within four weeks. The same shall be communicated to the petitioners within one week and if they are found to be eligible, the benefits shall be given within four weeks thereafter.

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