Petition challenging Armed Forces Tribunal order granting pay scale benefit to a superannuated respondent. Court upheld Tribunal view, directed implementation by 15.09.2024, and dismissed petition.
Implementation of Tribunal order extended till 15.09.2024 [15.09.2024].
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$~103
versus
LT CDR S MISHRA (RETD), NO. 40810-Z .....Respondent Through: Ms.Sthavi Asthana, Adv.
CORAM: HON’BLE MS. JUSTICE REKHA PALLI HON’BLE MS. JUSTICE SHALINDER KAUR O R D E R % 08.07.2024
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 03/07/2025 at 09:42:51
petitioners and perused the record, we find no reason to differ with the views taken by the learned Tribunal. In our considered view, once the respondent was in service on the date with effect from which the said benefit was extended to all his batch mates, it was incumbent upon the petitioners themselves to extend the same to the respondent despite him having already superannuated instead of dragging him to Court.
REKHA PALLI, J
SHALINDER KAUR, J
JULY 8, 2024 kk
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 03/07/2025 at 09:42:51
1 issue framed by the court
Whether a superannuated employee is entitled to a pay scale extension if they were in service on the effective date of the benefit.
Union of India and Ors.
LT CDR S Mishra (Retd)
Rekha Palli
Shalinder Kaur
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
