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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
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.
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.
The court has the authority to direct a respondent to decide a petitioner's representation within a stipulated period of time.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to consider and decide the representation in accordance with the law.
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
The court emphasized the need for timely adjudication of representations under Rule 5 (2) (a) of the Central Civil Services (Temporary Service) Rules, 1965.
The Court mandated timely consideration of a pending representation for compensation under Article 226, ensuring adherence to legal obligations.
The court has the authority to permit the petitioner to file a fresh detailed representation and direct the respondent to consider and dispose of the same within a specified time frame.
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
Court directs consideration of representation for land acquisition compensation within 12 weeks.
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