Assistant Professors and Associate Professor of a Delhi University college, granted promotions retrospectively but denied arrears from pay fixation, sought mandamus for release of arrears with 18% interest. Court held they were entitled to their dues and directed release within eight weeks; interest issue left open.
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$~95, 96 and 98
DR. ANSUL RAO .....Petitioner Through: Mr. Sanjay Sharawat and Mr. Ashok Kumar, Advocates. versus LT. GOVERNOR OF DELHI & ORS. .....Respondents Through: Mr. Yeeshu Jain, Additional Standing Counsel with Ms. Jyoti Tyagi and Ms. Manshi Tanwar, Advocates for DoE/R-2. Mr. Mohinder JS Rupal and Mr. Hardik Rupal, Advocates for University of Delhi. Mr. Anurag Mathur, Advocate for the College. 96 + W.P.(C) 15571/2024 DR. MANISHA BHUTANI .....Petitioner Through: Mr. Sanjay Sharawat and Mr. Ashok Kumar, Advocates. versus LT. GOVERNOR OF DELHI & ORS. .....Respondents Through: Ms. Latika Choudhry, Advocate for R-1 and R-2. Mr. Mohinder JS Rupal and Mr. Hardik Rupal, Advocates for University of Delhi. Mr. Anurag Mathur, Advocate for the College. 98 + W.P.(C) 15573/2024
DR. PUNAM DAGAR .....Petitioner Through: Mr. Sanjay Sharawat and Mr. Ashok Kumar, Advocates. versus LT. GOVERNOR OF DELHI & ORS. .....Respondents Through: Mr. Gaurav Dhingra, Advocate for R-1 and R-2. Mr. Mohinder JS Rupal and Mr. Hardik Rupal,
W.P.(C) 15566/2024 & connected matters Page 1 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
Advocates for University of Delhi. Mr. Anurag Mathur, Advocate for the College.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 08.11.2024
W.P.(C) 15566/2024
[a] Issue a writ of mandamus and direct the Respondent Nos.2 and 4 to pay to the Petitioner a sum of Rs.23,41,000/- [Rupees twenty three lakhs forty-one thousand only] being the arears of pay upon fixation of her pay vide Office Order dated 23.05.2022 issued by the Respondent No.4 on account of her promotion from the post of Assistant Professor [Academic Pay Level-11] to Assistant Professor [Academic Pay Level-12] and promotion from the post of Assistant Professor [Academic Pay Level-12] to Associate Professor; and
[b] Issue a writ of mandamus and direct the Respondent No.2 and 4 to pay to the Petitioner upto date interest @ 18% per annum w.e.f the date of accrual till the date of payment of the aforesaid arrears of pay; and
W.P.(C) 15566/2024 & connected matters Page 2 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
Lecturer in Senior Scale/Assistant Professor (Academic Level-11) and promotion was granted on 14.03.2008 w.e.f. 08.12.2005 and arrears of pay fixation were paid in time.
W.P.(C) 15571/2024
[a] Issue a writ of mandamus and direct the Respondent Nos.2 and 4 to pay to the Petitioner a sum of Rs.40,64,000/- [Rupees forty lakhs sixty four thousand only] being the arears of pay upon fixation of her pay vide Office Order dated 11.07.2022 issued by the Respondent No.4 on account of her promotion from the post of Assistant Professor [Academic Pay Level-11] to Assistant Professor [Academic Pay Level-12] and promotion from the post of Assistant Professor [Academic Pay Level-12] to Associate Professor; and
[b] Issue a writ of mandamus and direct the Respondent No.2 and 4 to pay to the Petitioner upto date interest @ 18% per annum w.e.f the date of accrual till the date of payment of the aforesaid arrears of pay; and
W.P.(C) 15566/2024 & connected matters Page 3 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
‘College’) vide appointment letter dated 14.09.2009 in the pay scale of Rs.8000-13500. The College is a constituent College of the University of Delhi.
W.P.(C) 15573/2024
W.P.(C) 15566/2024 & connected matters Page 4 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
Article 226 of the Constitution of India seeking the following reliefs:-
[a] Issue a writ of mandamus and direct the Respondent Nos.2 and 4 to pay to the Petitioner a sum of Rs.90,74,000/- [Rupees ninety lakhs seventyfour thousand only] being the of pay upon fixation of her pay vide Office Orders dated 21.07.2022 and 05.09.2023 issued by the Respondent No.4 on account of her promotion from the post of Lecturer in Senior Scale to Lecturer in Selection Grade/Assistant Professor [Stage- III] and then promotion from the post of Lecturer in Selection Grade/Assistant Professor [Stage-III] to Associate Professor; and [b] Issue a writ of mandamus and direct the Respondent No.2 and 4 to pay to the Petitioner upto date interest @ 18% per annum w.e.f the date of accrual till the date of payment of the aforesaid arrears of pay; and”
W.P.(C) 15566/2024 & connected matters Page 5 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
19.10.2009, the date of eligibility. By order dated 21.07.2022, College fixed her pay on promotion and upon fixation, Petitioner became entitled to receive the arrears on account of revision of pay due to promotions in the higher posts of Assistant Professor and Associate Professor. Several representations made by the Petitioner yielded no results, compelling the Petitioner to approach this Court to release a sum of Rs.90,74,000/- on account of arrears of pay revision.
W.P.(C) 15566/2024 & connected matters Page 6 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
Respondents raise the usual plea of budgetary allocations and planned estimates.
JYOTI SINGH, J
NOVEMBER 08, 2024/shivam
W.P.(C) 15566/2024 & connected matters Page 7 of 7
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/11/2024 at 12:59:51
2 issues framed by the court
Whether arrears of pay arising from belated promotions and pay fixation must be released to the petitioners.
Whether interest on the delayed payment should be awarded.
1 provisions across 1 enactments
Dr. Ansul Rao
Lt. Governor of Delhi
Dr. Manisha Bhutani
Dr. Punam Dagar
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
