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2023 Supreme(Del) 3331
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Hari Prasad Singh & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P. (C) 9009 of 2023 & CM. APPLs. 34167 of 2023
Decided On : 10-07-2023
Important Points
Subject
Employment Law - Pay Disputes
Headnote
Pay Commission - Employment Dispute - The court directed the respondent to decide on the representation filed by the petitioners regarding the implementation of the Fifth and Sixth Pay Commission recommendations within eight weeks.
Fact of the Case:
The petitioners, Junior and Assistant Engineers employed by the respondent, contended that the recommendations of the Fifth and Sixth Pay Commission were not correctly implemented. They had filed a representation on 03.02.2023, which had not been decided by the respondent.
Finding of the Court:
The court directed the respondent to decide the pending representation filed by the petitioners within eight weeks and allowed the petitioners to file a supplementary representation if desired. The court disposed of the petition, granting the petitioners the option to seek further legal remedies if aggrieved by the outcome of the representation.
Issues: Dispute over implementation of Pay Commission recommendations and delay in deciding the petitioners' representation.
Ratio Decidendi: The court emphasized the need for the respondent to promptly decide on the petitioners' representation regarding the implementation of the Pay Commission recommendations.
Final Decision: The court directed the respondent to decide the pending representation filed by the petitioners within eight weeks and disposed of the petition, granting the petitioners the option to seek further legal remedies if aggrieved by the outcome of the representation.
Mr. Shreenath A. Khemka and Mr. Ganesh A. Khemka, Advocates, for the Petitioner.
Mr. Siddharth Khatana, Advocate with Mr. Shyam Singh Negi, Naib Subedar, for the Respondents.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioners, who are Junior and Assistant Engineers presently employed or who were in the employment of the respondent, Border Road Organization, contend that the recommendations of the Fifth and the Sixth Pay Commission have not been correctly implemented.
2. Learned counsel for petitioners submits that a representation was given to the respondent on 03.02.2023, however, the same has still not been decided.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondents. Learned counsel for respondent submits that the representation is still pending and under active consideration of the competent authority.
4. In view of the above, respondents are directed to decide the representation filed by the petitioners dated 03.02.2023, preferably within a period of eight weeks. Petitioners are permitted to file a supplementary to the representation, if they so desire, within a period one week from today.
5. Petition is disposed of in the above terms. It would be open to the petitioners to avail of any further remedy as may be available in accordance with law in case aggrieved by the outcome of the representation.
6. Order dasti under signature of the Court Master.
