S. Arumugam v. Union of India and Ors

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

¶1Petitioner seeks a direction to respondents to reckon the date of assumption of charge by the petitioner to the post of Assistant Sub - Inspector (Ministerial) with effect from 14.06.1999, i.e, the date of promotion of the petitioner to the post of Assistant Sub-Inspector (Ministerial) and further seeks grant of one increment as on

01.01.2006 and next increment as on 01.07.2006 in terms of Office

Memorandum dated 19.03.2012 and other consequential benefits.

¶2Learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a decision of a coordinate Bench of this Court dated 01.04.2019 in WP(C) 4448/2016 titled Vijayan V.V. vs. Union of India & Ors. and other connect matters.

¶3Issue notice. Notice is accepted by learned counsel appearing for respondents.

¶4Learned counsel for the respondents submits that without admitting any of the contentions of the petitioner and without prejudice to their rights and contentions, since petitioner has given representations dated 31.05.2020 and 27.01.2023, which are under active consideration of the competent authority, this petition be disposed of on the assurance that the representations would be decided within a period of 8 weeks from today by way of a speaking order and in case relief is admissible to the petitioner, the same shall be granted forthwith.

¶5In view of the above assurance, the petition is disposed of directing the respondents to decide the above referred representations of the petitioner in accordance with law.

¶6It is clarified that this Court has neither considered nor commented upon the merits of the contentions of either parties. All rights and contentions of the parties are reserved.

¶7Petitioner would also be at liberty to initiate fresh proceedings

in case the petitioner is aggrieved by the decision on disposal of his representation.

¶8Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J JULY 7, 2023 st

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 07.07.2023 + W.P.(C) 8981/2023 S. ARUMUGAM ..... Petitioner versus UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Ms. Saahila Lamba, Advocate. For the Respondents: Mr. Vineet Dhanda, CGSC for UOI with Mr. Vinay Yadav, Ms. Gurleen Kaur, Advocates and Mr. Hemendra for BSF. CORAM:- HON'BLE MR. JUSTICE SANJEEV SACHDEVA HON'BLE MR. JUSTICE MANOJ JAIN