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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Delhi Govt. Officers And Employees Federation (regd. )And Ors. – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPLs. 52897/2018, 40232/2023 & 40233/2023
1. We have heard Mr. P.S. Patwalia, Sr. Adv. for petitioners, Mrs. Avnish Ahlawat, Standing Counsel for respondent Nos. 3 and 4, Mr. Parag P. Tripathi, Sr. Adv. for applicants in CM Appls. 40232/2023 and 40233/2023 and Mr. Ruchir Mishra, Adv. for UOI / Respondents 1 and 2.
2. On May 25, 2023, this Court had passed the following order: "Today, Mr. Ruchir Mishra, learned counsel for the respondent UOI has placed before the Court, the Minutes of the Meeting held on May 24, 2023 under the Chairmanship of Joint Secretary (UT), Ministry of Home Affairs, Government of India, wherein three proposals have been explored. Insofar, as the proposal No. 2 is concerned, according to Mr. Mishra, as per his instructions, the action shall be taken within eight weeks from today as an outer limit. With regard to proposal Nos. 1 and 3 are concerned, he states, the time limit with regard to the same shall be informed to the Court on the next date of hearing. Taking the submission of Mr. Ruchir Mishra on record, re-notify the petition for hearing on August 07, 2023."
3. A status report has been filed by the respondents 1 a
The court emphasized the need for timely decision-making by the Government of NCT of Delhi on the proposals.
The court ruled that without express language, amendments to salary statutes cannot be given retrospective effect, upholding the principle of equality and fair administrative action under Article 14.
Lt. Governor competent to frame recruitment rules for UT subordinate services under Article 309 proviso; cadre restructuring/abolition of posts is executive policy not amenable to judicial review abs....
Timely decision-making in administrative processes is essential, especially concerning personnel pay structures, with specified deadlines for compliance to ensure fairness.
Timely addressing of requisitions and taking consequential actions is crucial in the process of appointing officers for key positions.
Legislative rules cannot operate retrospectively without clear statutory authority; decisions must treat similarly placed individuals equitably under Article 14 of the Constitution.
A review application can only succeed on grounds available at initial adjudication; new developments post-decision do not constitute sufficient grounds for review.
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