IMPORTANT POINT
The principle of parity and the consideration of back wages in accordance with law.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. The challenge in this petition is to an order dated April 12, 2023 passed by the Central Administrative Tribunal (`Tribunal', in short), Principal Bench, New Delhi in O.A. No. 3777/2016 titled as Pradeep Kumar Gupta & Anr. Vs. Govt. of NCT of Delhi & Ors. The said OA was filed by two applicants namely Pradeep Kumar Gupta and Mahesh Chand Gupta.

2. It is noted that Mahesh Chand Gupta has filed a writ petition being W.P.(C) 14310/2023. The same was disposed of on November 03, 2023 by this court in terms of the following order :

"2. The only grievance of the petitioner as has been urged by Mr.Aggarwal is that the Tribunal should not have confined the re-examination of the petitioner for re- engagement as a Guest Teacher prospectively. He submits that the petitioner's services having been disengaged in the year 2016, the petitioner was within his right to seek back wages till the date of disengagement. He concedes to the fact that the petitioner has challenged the order which has now been passed by the respondents pursuant to the impugned order of the Tribunal dated April 12, 2023. According to him, in view of the observation of the Tribunal in paragraph 13, he shall be barred from seeking back wages from the year 2016 before the Tribunal in the fresh proceedings initiated by the petitioner.

3. We say nothing on the submission made by Mr.Aggarwal except granting liberty to the petitioner to urge before the Tribunal, in the fresh proceedings initiated by him the plea of back wages. It is for the Tribunal to consider the plea of back wages in accordance with law.

4. Petition is disposed of."

3. Mr. Aggarwal states, similar liberty as was granted to Mahesh Chand Gupta be extended to the petitioner herein, who has also challenged the order now passed by the respondents.

4. We are of the view that since the writ petition arises from an order passed in OA filed by the petitioner herein and the petitioner in W.P.(C) 14310/2023, the petitioner herein is also entitled to parity and accordingly, we make it clear that liberty as granted to the petitioner in W.P.(C) 14310/2023 shall be available to the petitioner herein to urge before the Tribunal in the fresh proceedings initiated by the petitioner, the plea of back-wages and the Tribunal shall consider the same in accordance with law.

5. With the above, the petition is disposed of.