IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sant Kumar Yadav – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 4347 of 2023 & CM APPLs. 16691 of 2023, 16692 of 2023
Decided On : 10-04-2023
Mandamus - Petition for Payment of Dues - The court directed the respondents to treat the petition as a representation and decide the same within eight weeks, with a reasoned order to be communicated to the petitioner within one week thereafter.
Fact of the Case:
The petitioner sought writs directing the respondents to pay admitted dues and recalculate deductions made on account of pay and allowances.
Finding of the Court:
The court disposed of the petition directing the respondents to treat it as a representation and decide it within eight weeks, with a reasoned order to be communicated to the petitioner within one week thereafter.
Issues: Payment of admitted dues, recalculation of deductions
Ratio Decidendi: The court emphasized the need for the respondents to treat the petition as a representation and provide a reasoned decision within a specified timeframe.
Final Decision: The petition along with pending applications is disposed of, with the option for the petitioner to challenge the decision before the appropriate forum if still aggrieved.
JUDGMENT (Oral)
Neena Bansal Krishna, J.
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) issue appropriate writ, order or directions in nature of mandamus directing the respondents to pay the admitted dues under the heads of encashed earned leave for 810 days i.e. from 03.03.1986 to 31.05.2006 @ 40 days per year, ration money in terms of letter dated 15.05.1985 of the respondent No.3, clothing allowances and unmarried accommodation allowances as applicable in the case of the petitioner in view of letter dated 24.07.2020 of the respondents alongwith interest @ 24% PA from 23.08.2010 i.e. the order of reinstatement with back wages with all consequential benefits of Ld. Civil Judge passed in the suit of the petitioner till its actual realization;
b) issue appropriate writ, order or directions in nature of mandamus directing the respondents to recalculate the deductions made on account of pay and allowances on the basis of last drawn salary, on the yearly basis from January 1986 to 31.05.2006."
2. Learned counsel for the petitioner submits that the present petition be treated as a representation of the petitioner.
3. Accordingly, in view of the averments made in the present petition as well as submissions of the learned counsel for the petitioner, we hereby dispose of the present petition directing the respondents to treat the present petition of the petitioner as a representation and decide the same within eight weeks from today.
4. The decision, so taken, shall be communicated to the petitioner within one week thereafter with a reasoned order.
5. Accordingly, the present petition along with pending applications is disposed of.
6. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
The court's emphasis on the use of mandamus to direct the respondents to treat the petition as a representation and provide a reasoned decision within a specified timeframe.
Court directs consideration of representation for leave encashment benefits without merits opinion within stipulated time.
The main legal point established is the court's power to issue a writ of mandamus to direct the respondents to treat the petition as a representation and decide within a specified timeframe.
The court's emphasis on the need for the respondents to consider the petition as a representation and provide a reasoned decision within a specified timeframe.
A Writ of Mandamus can compel a statutory authority to fulfill its statutory duties.
Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.
A court may direct timely administrative action on representations made by petitioners regarding wage disputes.
The court directs the consideration of a petitioner's representation regarding unpaid leave salary within a stipulated timeframe.
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
Timely decision on representations and communication of reasoned order within a specified timeframe.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.