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Jagbir Singh v. Union of India & Ors.

Service law – Pay parity / upgradation of basic pay

Delhi HC3 Feb 2025W.P.(C)/1329/2025

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Case brief

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What is this about?

Pay parity with junior; upgradation of basic pay; refixation of pension; arrears confined to three years; representation to be decided by speaking order in twelve weeks; writ disposed on directions without merits; Central Government employee; Union of India; High Court of Delhi; W.P.(C) 1329/2025; Navin Chawla and Shalinder Kaur, JJ.; decision dated 03.02.2025.

What did the court decide?

Petition disposed of with a direction to the respondent to treat the petition as a representation and pass a speaking order within twelve weeks; any consequential relief, if merited, to be released within the same period but confined to three years prior to the date of filing; no monetary relief awarded at this stage. ¶¶21

Jagbir Singh Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to upgradation of his basic pay to Rs.66,000/- at par with his junior Ramkaran Singh, with consequential refixation of pension and payment of arrears of basic pay and pension with interest.

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Court's answer

The Court directed the respondent to consider the contents of the writ petition as a representation and to pass a speaking order thereon within twelve weeks; if the claim is rejected, the speaking order shall be communicated to the petitioner, leaving him free to challenge it in accordance with law.

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Ratio / Principle

If merit is found in the petitioner's grievance, the consequential relief (arrears of basic pay and pension) shall be released within the same twelve-week period but confined to a period of three years prior to the date of filing of the petition.

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Detailed headnote1 paragraphs

Service law - Pay parity / upgradation of basic pay - Retired petitioner sought refixation of basic pay at Rs.66,000/- at par with his junior, Ramkaran Singh, who retired later (30.09.2018) drawing Rs.66,200/-, with consequential refixation of pension and arrears with interest; petitioner had retired on 31.03.2015 drawing Rs.62,000/- and had made a representation only on 18.01.2024. Held: without expressing any view on merits, the Division Bench disposed of the petition directing the respondent to consider the petition as a representation and pass a speaking order within twelve weeks; any consequential relief, if merit is found, to be confined to three years prior to the date of filing; in case of rejection, a speaking order is to be communicated and the petitioner remains free to challenge it in accordance with law.

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$~91

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 03.02.2025

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+ W.P.(C) 1329/2025 JAGBIR SINGH

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.....Petitioner

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Through: Ms.Saahila Lamba & Mr.Hemant Singh, Advs.

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versus

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UNION OF INDIA & ORS.

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.....Respondents Through: Ms.Shagun Shahi Chugh, SPC with Ms.Shreya Mittal, Mr.Vishal Kumar, Mr.Utsav A. Magotra, Ms.Meera Chugh & Ms.Nandita Mishra, Advs. Ms.Archana Sulve, GP.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

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NAVIN CHAWLA, J. (Oral)

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This petition has been filed by the petitioner, praying for a direction to the respondents to upgrade the basic pay of the petitioner to the rate of Rs.66,000/-, at par with his junior Ramkaran Singh and consequently re-fix the pension of the petitioner. The petitioner also prays for payment of arrears of basic pay and pension along with interest.

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It is the case of the petitioner that the petitioner had retired from service on 31.03.2015, drawing a basic pay of Rs.62,000/-. In contrast,

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Signature Not Verified

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Page 1 of 2

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Digitally Signed W.P.(C) 1329/2025 By:SUNIL Signing Da te:0 7.02.2025 18:42:33

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Mr.Ramkaran Singh retired on 30.09.2018, while drawing a basic pay at the rate of Rs.66,200/-.

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The petitioner has submitted a representation in this regard only on 18.01.2024.

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Keeping in view the nature of the relief claimed and the averments in the petition, we dispose of this petition by directing the respondent to consider the contents of the present petition as a representation, and to pass a speaking order thereon within a period of twelve weeks from today. In case merit is found in the grievance of the petitioner, the consequential relief to the petitioner shall be released within the same period, but confined only to a period of three years prior to the date of filing of the present petition. In case the claim of the petition is rejected by the respondent, a speaking order for the same shall be communicated to the petitioner, and it shall be open to the petitioner to challenge the same in accordance with law.

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