IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Asi/ph Bhuwan Chandra Dhyani & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 3652 of 2023 & CM APPL. 14159 of 2023
Decided On : 23-03-2023
Certiorari - Benefits of Judgment - The court disposed of the petition directing the respondents to take a final decision on the benefits of the judgment within two months and communicate the decision in writing with a reasoned order to the petitioners within one week thereafter.
Fact of the Case:
The petitioners sought a Writ of Certiorari quashing orders denying the grant of benefits of a judgment passed by the High Court of Delhi and alternatively sought a Writ of Mandamus to expedite the consideration of the benefits.
Finding of the Court:
The court disposed of the petition directing the respondents to take a final decision on the benefits of the judgment within two months and communicate the decision in writing with a reasoned order to the petitioners within one week thereafter.
Issues: The denial of the grant of benefits of a judgment, the delay in consideration of the benefits, and the need for a final decision from the respondents.
Ratio Decidendi: The court emphasized the need for the respondents to take a final decision on the benefits of the judgment within a specified timeframe and communicate the decision in writing with a reasoned order to the petitioners.
Final Decision: The court disposed of the petition directing the respondents to take a final decision on the benefits of the judgment within two months and communicate the decision in writing with a reasoned order to the petitioners within one week thereafter.
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a Writ of Certiorari quashing orders if any denying the grant of the benefits of judgment dated 23.08.2022 passed by Hon'ble High Court of Delhi in W.P.(C) No.11034/2018being ASI/Pharmacist Biswa Prakash Jena & Ors v. UOI & Ors. and consequently order dated 11.01.2023 issued by the Respondent no. 3;
b) Alternatively issue a Writ of Mandamus directing the Respondents to expedite the consideration of the grant of the benefits of judgment dated 23.08.2022 and extend the benefits in a time bound manner."
2. Learned counsel for the petitioners submits that the petitioners had submitted their grievance to the respondents through Ministry of Home Affairs Centralised Public Grievance Redress and Monitoring System vide Source Regn. No. MINHA/E/2022/21064 dated 17.12.2022. The respondents, in response to the said grievance, replied vide Order dated 17.01.2023 which reads as under:
"DIRECTORATE GENERAL, CRPF, MEDICAL BRANCH EAST BLOCK-7 LEVEL-1, SECTOR-1, R.K. PURAM, NEW DELHI-110066.
(Ministry of Home Affairs)
No. M.V-2/2023-Med-9
Dated, the Jan, 2023
To,
No.045250253
ASI/Pharm, Alu Lakshman,
Field Hospital, Pamed of CRPF
(Through DIGP, CH, Jagdalpur)
Subject: GRIEVANCE RELATED TO MHA CPGRAMS
Please refer you grievance made on MHA CPGRAMS vide Source Regn. No. MINHA/E/2022/21064 dated 17/12/2022 and Req reference No. OF-CP-2022-032542.
2. The grievance submitted by you has been examined in Medical Dte and it is found that Hon'ble High Court of Delhi vide judgement dated 23/08/2022 in WPC No. 11034/2018 ordered in favour of 11 petitioners. Accordingly, necessary order has been issued vide order No. J.II1/2022-Med-3 dated 11/01/2023. In this connection Law Dte has intimated that similar cases of 46 Pharmacist of same batch having the same grievances lying pending before Medical Dte may be examined and if found similarly situated, then a proposal may be sent for approval of competent authority after concurrence of FA for similar action to mitigate further litigation. Further, board of Officers have also been detailed to check and verify the recruitment details of similarly placed personnel eligible as per Court order ibid. On receipt of opinion/report of board, proposal will be moved for approval of competent authority after financial concurrence of Finance branch Directorate CRPF.
3. Since, the case is already under consideration, therefore, the grievance under reference No. OF-CP-2022-032532 is hereby closed. This has the approval of the IG/Director (Medical).
Dy. Director (Medical)"
3. Since, the prayers of the petitioners are under consideration, therefore, we hereby dispose of the present petition directing the respondents to take a final decision on the same within two months from today.
4. The decision, so taken, shall be communicated in writing with a reasoned order to the petitioners within one week thereafter.
5. Accordingly, the present petition along with pending application is disposed of.
6. Needless to state that if the petitioners are still aggrieved by the decision of the respondents, they may challenge the same before the appropriate forum.
The court emphasized the importance of timely consideration and communication of decisions regarding the benefits of a judgment.
Misuse of judicial process through filing repeated applications and writ petitions is not permissible.
The denial of benefits to the petitioners was discriminatory and arbitrary, violating Articles 14 and 16 of The Constitution of India, and the terms and conditions of service applicable at the time o....
The court directed the administrative authorities to resolve outstanding issues regarding entitlements within a specified time, highlighting the procedural route for grievance resolution in administr....
The court has the discretion to dispose of a petition by allowing the petitioner to file a revision petition and directing the respondents to consider the mental condition of the petitioner and pass ....
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