Dismissed¶18

Union of India & Anr. v. N.C Kaushik

Delhi HC11 Nov 2025W.P.(C)/17050/2025

Case brief

AI extract

What is this about?

W.P.(C) 17050/2025; Union of India & Anr. v. N.C. Kaushik; Delhi High Court; pay fixation; re-fixation of pay at par with junior from 09.08.1999; Assured Career Progression (ACP); first ACP benefit; Central Administrative Tribunal Principal Bench O.A. no. 2395/2016; Tribunal order dated 10.07.2014 in O.A. no. 365/2007; Union of India v. C.R. Madhava Murthy (2022) 6 SCC 183; writ petition dismissed on 11.11.2025; Navin Chawla and Madhu Jain, JJ.; CM APPL. 70166/2025 exemption allowed; CM APPL. 70167/2025 dismissed.

What did the court decide?

None to the petitioners; the writ petition and pending application (CM APPL. 70167/2025) were dismissed, leaving the Tribunal's order dated 12.03.2025 intact. ¶18

Union of India & Anr. Vs N.C Kaushik — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioners; the writ petition and pending application (CM APPL. 70167/2025) were dismissed, leaving the Tribunal's order dated 12.03.2025 intact.

¶18

Issue for consideration

Whether the writ petition challenging the Tribunal's order directing re-fixation of the respondent's pay at par with his junior from 09.08.1999 was sustainable, given the petitioners' submission that the respondent, having been granted a higher scale prior to his first ACP pursuant to the Tribunal's order dated 10.07.2014 in O.A. no. 365/2007, was required to forgo the benefit of the first ACP.

¶16

Court's answer

The Court rejected the petitioners' contention that the respondent, having been granted a higher scale prior to his first ACP pursuant to the Tribunal's order dated 10.07.2014 in O.A. no. 365/2007, was required to forgo the benefit of the first ACP.

¶16

Ratio / Principle

The Court found no infirmity in the Tribunal's grant of relief to the respondent, which rested on its reliance on the Supreme Court judgment in Union of India and Ors. v. C.R. Madhava Murthy and Anr., (2022) 6 SCC 183.

¶17

Detailed headnote1 paragraphs

Delhi High Court (Navin Chawla & Madhu Jain, JJ.) dismissed the writ petition filed by Union of India challenging the order dated 12.03.2025 of the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. no. 2395/2016 (N.C. Kaushik v. Union of India and Anr.), whereby the respondent's pay was directed to be re-fixed at par with his junior with effect from 09.08.1999. The petitioners argued that the pay discrepancy arose because the respondent had been granted a higher scale prior to his first Assured Career Progression (ACP) pursuant to the Tribunal's order dated 10.07.2014 in O.A. no. 365/2007, and was therefore required to forgo the first ACP benefit. The Court was unable to accept this submission, found no infirmity in the Tribunal's reliance on Union of India and Ors. v. C.R. Madhava Murthy and Anr., (2022) 6 SCC 183, and dismissed the petition along with the pending application; the exemption application (CM APPL. 70166/2025) was allowed subject to just exceptions.

¶1

$~41

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 17050/2025

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UNION OF INDIA & ANR. .....Petitioners Through: Mr. Shashank Dixit, CGSC with Mr. Kunal Raj, Adv.

¶5

versus

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N.C KAUSHIK .....Respondent Through: None.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

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O R D E R

¶9

% 11.11.2025 CM APPL. 70166/2025 (Exemption)

¶10

Allowed, subject to all just exceptions.

¶11

W.P.(C) 17050/2025 & CM APPL. 70167/2025

¶12

This petition has been filed, challenging the Order dated 12.03.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, the ‘Tribunal’) in O.A. no. 2395/2016, titled N.C. Kaushik v. Union of India and Anr., whereby the said O.A. filed by the respondent herein was allowed and the petitioners were directed to re-fix the pay of the respondent at par with his junior with effect from 09.08.1999.

¶13

The learned counsel for the petitioners submits that the discrepancy in the respondent’s pay arose because the respondent had been granted a higher scale prior to the date of his first Assured Career Progression (hereinafter referred to as, ‘ACP’), pursuant to the

¶14

This is a digitally signed order.

¶15

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 19/11/2025 at 13:04:59

¶16

implementation of the Order of the learned Tribunal dated 10.07.2014 in O.A. no. 365/2007. He further submits that the respondent, therefore, was required to forgo the benefit of the first ACP. 4. We are unable to accept the above submission of the learned counsel for the petitioners.

¶17

The learned Tribunal, in granting relief to the respondent, has placed reliance on the Judgment of the Supreme Court in Union of India and Ors. v. C.R. Madhava Murthy and Anr . (2022) 6 SCC 183. We, therefore, find no infirmity in the same.

¶18

The petition along with the pending application is, accordingly, dismissed.

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NAVIN CHAWLA, J

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MADHU JAIN, J

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NOVEMBER 11, 2025 /ys/k / P/Yg

¶22

This is a digitally signed order.

¶23

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 19/11/2025 at 13:04:59

Union of India & Anr. v. N.C Kaushik

Case brief

What is this about?

What did the court decide?

Union of India & Anr. v. N.C Kaushik

Case brief

What is this about?

What did the court decide?

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What the court decided

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