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2023 Supreme(Del) 5840
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Insp/gd Dhiraj Bhatt - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 12719 of 2023
Decided On : 26-09-2023
Mr. N.L. Bareja, Advocate, for the Petitioner.
Mr. Sushil Rajaa, Senior Panel Counsel with Mr. Vedansh Anand, GP, for the UOI.
IMPORTANT POINT
The court's decision emphasized the importance of addressing legal notices as representations and disposing of them within a reasonable timeframe.
Headnote:
Consequential Benefits - Notional Seniority - The court directed the respondents to treat the notice dated 28.02.2023 as a representation and dispose of the same within six weeks, allowing the petitioner to avail of further remedies if aggrieved.
Fact of the Case:
The petitioner was granted notional seniority but did not receive consequential benefits and pay fixation. Despite repeated representations, the petitioner did not receive a response to his legal notice sent on 28.02.2023.
Finding of the Court:
The court directed the respondents to treat the legal notice as a representation and dispose of it within six weeks, reserving the petitioner's right to avail further remedies if aggrieved.
Issues: Non-receipt of consequential benefits and pay fixation despite notional seniority, lack of response to legal notice.
Ratio Decidendi: The court found in favor of the petitioner, directing the respondents to address the legal notice as a representation and dispose of it within a specified timeframe.
Final Decision: The petition was disposed of with a direction to the respondents to treat the notice dated 28.02.2023 as a representation and to dispose of the same within six weeks, allowing the petitioner to avail of further remedies if aggrieved.
JUDGMENT
Sanjeev Sachdeva, J. (Oral) - Learned counsel for the petitioner submits that by order dated 27.09.2013 in W.P. (C) No. 6738/2012, respondents were directed to grant the petitioner notional seniority as per order of his merit and consequential benefits. He submits that though notional seniority has been granted, no consequential benefit and pay fixation has been done as per the notional seniority. He submits that there is a recurring cause of action to the petitioner as every month he is getting salary lower than his entitlement. He submits that he had been representing from time to time and requesting for grant of his consequential benefits which were not granted and finally on 28.02.2023 he has given a legal notice and till date has not received any reply. He submits that in the first instance, petitioner would be satisfied in case the legal notice sent by him on 28.02.2023 is treated as a representation and disposed of in accordance with law.
2. Learned counsel for the respondent under instructions submits that he has no objection to the said course of action.
3. In view of the above, this petition is disposed of with a direction to the respondents to treat the notice dated 28.02.2023 (Annexure-P2 to the petition) as a representation and to dispose of the same within a period of six weeks from today. The order on the representation be communicated to the petitioner. It would be open to the petitioner to avail of such remedies as may be available in law, in case aggrieved by the disposal of the representation. All rights and contentions of parties are reserved.
4. The petition is disposed of in the above terms.
5. Order dasti under signatures of the Court Master.
