Gajendra Singh and Ors. Vs Union of India and Ors. — Delhi HC (2025) — LawSathi Research

Gajendra Singh and Ors. Vs Union of India and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions to the respondents to consider the contents of the petition as the petitioners' representation and, if found entitled in terms of the judgment in Sushil Kumar (supra), to grant the Non-functional Upgradation benefit in Grade Pay Rs.5400/- (Pay Band-3) with consequential benefits within eight weeks, subject to any order to the contrary passed by the Supreme Court in relation to Sushil Kumar.

Issue for consideration

Whether the respondents were bound to implement this Court's Division Bench judgment in Sushil Kumar v. Union of India & Ors., 2024:DHC:6969-DB, and consider the petitioners' claim to Non-functional Upgradation benefit in Grade Pay Rs.5400/- (Pay Band-3) notwithstanding the respondents' stand that instructions from the Ministry of Home Affairs were awaited.

Court's answer

The respondents must implement the judgment of this Court in Sushil Kumar (supra), unless that judgment has been challenged and an order praying its implementation has been passed by the Supreme Court.

Ratio / Principle

The writ petition is to be treated as the petitioners' representation; if the petitioners are found entitled to relief in terms of the judgment in Sushil Kumar (supra), the benefit is to be granted within eight weeks, and if any order to the contrary is passed by the Supreme Court concerning Sushil Kumar, these directions would equally be affected.

Detailed headnote1 paragraphs

Delhi High Court (Division Bench: Navin Chawla and Manoj Jain, JJ.; decision dated 10.03.2025) disposed of a writ petition by Gajendra Singh and Ors. seeking a writ of Certiorari to quash the respondents' letter dated 27.01.2025 rejecting their representations dated 23.10.2024 and 29.12.2024 for Non-functional Upgradation (NFU) benefit in Grade Pay Rs.5400/- (Pay Band-3), and a writ of Mandamus to grant the benefit in terms of earlier judgments, including this Court's Division Bench judgment in Sushil Kumar v. Union of India & Ors., 2024:DHC:6969-DB. Holding: the respondents must implement the judgment in Sushil Kumar unless it has been challenged before the Supreme Court and an order praying its implementation has been passed there. The petition was directed to be treated as the petitioners' representation; if entitlement is found in terms of Sushil Kumar, the benefit is to be granted within eight weeks, subject to any contrary Supreme Court order in respect of Sushil Kumar. The respondents' plea that Ministry of Home Affairs instructions were awaited did not justify non-implementation. CM APPL. 14266/2025 (Exemption) was allowed, subject to all just exceptions.

$~43

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 10.03.2025

W.P.(C) 3018/2025 GAJENDRA SINGH AND ORS. .....Petitioners Through: Mr.Ankur Chhibber and Ms.Muskaan Dutta, Advs.

versus

UNION OF INDIA AND ORS .....Respondents Through: Mr.Avtaar Singh Deol, SPC with Ms.Mamta Tiwari, GP for UOI

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE MANOJ JAIN

NAVIN CHAWLA, J. (ORAL)

CM APPL. 14266/2025 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 3018/2025

This petition has been filed by the petitioners, praying for the following reliefs: -

“i. Issue a Writ of Certiorari for quashing of the letter dated 27.01.2025( Annexure-P1 ) issued by the Respondents wherein representations dated 23.10.2024 ( AnnexureP10 ) and 29.12.2024 ( Annexure-P11 ) of the Petitioners have denied the benefit of Nonfunctional Upgradation in the grade pay of Rs.5400/- in an arbitrary and unfair manner; and ii. Issue a Writ of Mandamus directing the

Signature Not Verified

Digitally Signed W.P.(C) 3018/2025 By:RENUKA NEGI Signing Da te:1 7.03.2025 16:10:32

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Respondents to grant the benefit of Nonfunctional Upgradation in the Grade Pay Rs.5400/- in Pay Band-3 w.e.f. the date of them being eligible as granted by this Hon'ble Court vide judgment(s) dated 09.09.2024 in W.P.(C) No.690/2022 ( Annexure-P8 ), 14.10.2024 in W.P.(C) No.886/2020 ( Annexure-P9 ) and Judgment dated 06.09.2010 in W.P.(C) No. 13225/2010 ( Annexure-P3 ) passed by the Hon’ble High Court of Madras as upheld by the Hon’ble Supreme Court in Civil Appeal No.8883/2011 vide order dated 10.10.2017 ( Annextlre-P4 ) along with arrears, and all other consequential benefits; and”

The learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the Judgment of this Court in Sushil Kumar v. Union of India & Ors., 2024:DHC:6969-DB. He submits that in spite of the same, by the Impugned Order dated 27.01.2025, the representation of the petitioners has not been considered, solely on the ground that the respondents have not yet received instructions from the Ministry of Home Affairs regarding the implementation on the above judgment.

The learned counsel for the respondents, who appear on an advance notice, reiterates the said submission. 5. Taking note of the above submission, we are of the view that the respondents must implement the judgment of this Court in Sushil Kumar (supra), unless the same has been challenged and an order praying its implementation has been passed by the Supreme Court.

In view of the above, we dispose of the present petition by directing the respondents to consider the contents of the present

Signature Not Verified

Digitally Signed W.P.(C) 3018/2025 By:RENUKA NEGI Signing Da te:1 7.03.2025 16:10:32

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petition as a representation of the petitioners. In case the petitioners are found entitled to the relief in terms of our Judgment in Sushil Kumar (supra), the same should be granted to the petitioners within a period of eight weeks from today. However, if there is any order to the contrary passed by the Supreme Court, as far as Sushil Kumar (supra) is concerned, our directions would also be equally affected as far as the petitioners are concerned.

With the above directions, the present petition is disposed of.

NAVIN CHAWLA, J

MANOJ JAIN, J

MARCH 10, 2025/sg/DG

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Signature Not Verified

Digitally Signed W.P.(C) 3018/2025 By:RENUKA NEGI Signing Da te:1 7.03.2025 16:10:32

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