Dismissed¶31

Union of India & Ors. v. Sushil Soni & Ors.

Delhi HC6 Jul 2026W.P.(C)/8694/2026

Case brief

AI extract

What is this about?

Non-functional upgradation; NFU; grade pay 4800 to 5400; Pay Band-2; four years of regular service; Central Administrative Tribunal Principal Bench; OA 2240/2024; Tribunal order dated 4 February 2025; Dr. Vijai S. Karwasara v. Union of India; O.A. No. 2000/2023; judgment dated 09.01.2025; 2025 SCC OnLine Del 7868; Division Bench; clarificatory circular; Directorate of Expenditure; Resolution dated 29.08.2008; M. Subramaniam v. Union of India; W.P.(C) 13225/2010; Madras High Court; Dal Singh v. Union of India; 2024 SCC OnLine Del 7303; Union of India v. Sushil Soni; Ministry of Health and Family Welfare; consequential benefits; writ petition dismissed; fit case for interference.

What did the court decide?

None; the writ petition was dismissed and no relief was granted to the petitioners. ¶31

Union of India & Ors. Vs Sushil Soni & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ petition was dismissed and no relief was granted to the petitioners.

¶31

Issue for consideration

Whether the writ petition assailing the Central Administrative Tribunal's order dated 4 February 2025 in OA 2240/2024, whereby the respondents' claim to non-functional grade pay of Rs. 5400 in Pay Band-2 on completion of four years of regular service in grade pay Rs. 4800 was dealt with by following Dr. Vijai S. Karwasara, called for interference by this Court.

¶14

Court's answer

In view of the judgment of this Court in Dr. Vijai S. Karwasara, which counsel for the petitioners was unable to distinguish, the Court did not deem this a fit case for interference with the Tribunal's decision.

¶30

Ratio / Principle

The writ petition was dismissed.

¶31

Detailed headnote1 paragraphs

High Court of Delhi (C. Hari Shankar & Vinod Kumar, JJ.), oral order dated 06.07.2026: writ petition W.P.(C) 8694/2026 (Union of India & Ors. v. Sushil Soni & Ors.) dismissed. The petition assailed the Central Administrative Tribunal's order dated 4 February 2025 in OA 2240/2024, in which the respondents, as applicants, had sought non-functional grade pay of Rs. 5400 in Pay Band-2 on completion of four years of regular service in grade pay Rs. 4800, with consequential benefits, and setting aside of rejection orders dated 6 June 2023, 9 June 2023 and 15 June 2023. The Tribunal had followed its earlier judgment dated 9 January 2025 in Dr. Vijai S. Karwasara v. Union of India (O.A. No. 2000/2023), which held applicants drawing grade pay Rs. 4800 entitled, on completion of four years of service in that grade pay, to non-functional upgradation to grade pay Rs. 5400. The writ petition itself acknowledged the facts of Dr. Vijai S. Karwasara to be identical, and counsel did not dispute this; the Union's earlier challenge to the Tribunal's Karwasara decision had already been dismissed by a Division Bench of this Court (2025 SCC OnLine Del 7868), whose paras 1, 14 and 15 — including the conclusion that a clarificatory circular of the Directorate of Expenditure impermissibly diminished the scope of the Resolution dated 29.08.2008, concurring with M. Subramaniam (Madras High Court) and Dal Singh (this Court) — were reproduced by this Court. Counsel being unable to distinguish the precedent, the Court deemed interference unwarranted and dismissed the writ petition.

¶1

$~32

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 8694/2026 and CM APPLs. 40677-679/2026

¶4

UNION OF INDIA & ORS. .....Petitioners Through: Mr. Shashank Dixit, CGSC and Mr. Kunal Raj, Advocates

¶5

versus

¶6

SUSHIL SONI & ORS. .....Respondents

¶7

Through:

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE VINOD KUMAR

ORDER (ORAL)

06.07.2026

C. HARI SHANKAR, J.

¶14

1. This writ petition assails order dated 4 February 2025 passed by the Central Administrative Tribunal¹ in OA 2240/2024. The respondents, as the applicants before the Tribunal, sought grant of non-functional grade pay of ₹ 5400/- in Pay Band-2 on completion of four years of regular service in the grade pay of ₹ 4800/- along with consequential benefits and therefore, sought setting aside of orders dated 6 June 2023, 9 June 2023 and 15 June 2023 whereby their request to that effect had been rejected by the petitioners.

¶15

2. The Tribunal has followed its earlier judgment dated 9 January 2025 in Dr. Vijai S. Karwasara v. Union of India, which held the applicants in that case, who were also drawing the grade pay of ₹

¶16

1 “the Tribunal”, hereinafter Signature Not Verified Digitally Signed By:AJITWP(C) 8694/2026 KUMAR Signing Da te:0 9.07.2026 17:19:26

¶17

Page 1 of 3

¶18

4800/-, to be entitled on completion of four years of service in that grade pay to non-functional upgradation to the grade pay of ₹ 5400/-.

¶19

3. It is fairly acknowledged in the writ petition itself that the facts of Dr. Vijai S. Karwasara are identical to those of the case before us. Mr. Dixit, too, does not dispute this fact.

¶20

4. The Union of India challenged the decision of the Tribunal in Dr. Vijai S. Karwasara before this Court. The writ petition came to be dismissed by the Division Bench of this Court² .

¶21

5. We need not enter into the reasoning contained in the judgment of this Court in Dr. Vijai S. Karwasara . Suffice it to reproduce the paras 1, 14 and 15 of the said decision thus :

¶22

“This petition has been filed by the petitioners, challenging the Order dated 09.01.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the, ‘Tribunal’) in O.A. No. 2000/2023, titled Dr. Vijai S. Karwasara v. Union of India through its Secretary, Ministry of Health and Family Welfare, allowing the O.A. filed by the respondents herein with the following direction:

¶23

“7.1. In view of the above, the OA is allowed, the impugned orders dated 9.6.2023 and 15.6.2023 are liable to be quashed and set aside. Accordingly, in our considered opinion the applicants, who have completed four years of sendee in Grade pay of Rs. 4,800, are entitled to get benefit of Non Functional up gradation Scale of Rs. 5,400/-. Consequently, respondents shall pass necessary orders to this effect within eight weeks from date of receipt of certified copy of this order.”

¶24

*****

¶25

2 Refer 2025 SCC OnLine Del 7868 Signature Not Verified Digitally Signed By:AJITWP(C) 8694/2026 KUMAR Signing Da te:0 9.07.2026 17:19:26

¶26

Page 2 of 3

¶27

14. A reading of the above would show that by executive directions an attempt has been made to diminish the scope of the Resolution dated 29.08.2008. The Circular, therefore, has amended the policy of the Government of India, which is not permissible. To this effect we concur with the opinion of the Madras High Court in M. Subramaniam³ (supra) and this Court in Dal Singh⁴ (supra) that the expansive scope of policy could not have been diminished by a mere clarificatory circular issued by the Directorate of Expenditure.

¶28

15. Accordingly, we do not find any merit in the present petition. The same along with the pending application is dismissed.”

¶29

6. Thus, the very OMs of which the respondents seek evisceration already stand set aside by the Tribunal in Dr. Vijai S. Karwasara . The Division Bench of this Court has upheld the said decision. Mr. Dixit submits that he is unaware of any challenge to the judgment of the Division Bench.

¶30

7. In view of the Judgment of this Court in Dr. Vijai S. Karwasara , which Mr. Dixit is unable to distinguish, we do not deem this to be a fit case for interference.

¶31

8. The writ petition is, accordingly, dismissed.

¶32

C. HARI SHANKAR, J

¶33

VINOD KUMAR, J

¶34

JULY 6, 2026 /yg/aky

¶35

3 M. Subramaniam v. Union of India , Order dated 6 September 2010 in W.P. (C) 13225/2010 4 Dal Singh v. Union of India, 2024 SCC OnLine Del 7303 Signature Not Verified Digitally Signed By:AJITWP(C) 8694/2026 KUMAR Signing Da te:0 9.07.2026 17:19:26

¶36

Page 3 of 3

Union of India & Ors. v. Sushil Soni & Ors.

Case brief

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Union of India & Ors. v. Sushil Soni & Ors.

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