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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Pradeep Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 4143 of 2021 & C.M. No. 12597 of 2021
Decided On : 06-04-2021
| Table of Content |
|---|
| 1. petitioner challenges denial of increment and pay step. (Para 1) |
| 2. representation remains undecided; request for additional grounds. (Para 2 , 3) |
| 3. court directs representation resolution by authority. (Para 4 , 5 , 6) |
| 4. writ petition disposed with directions. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)--Present petition has been filed challenging the order dated 25th September 2020, issued by Respondent No. 5 vide which first annual increment as Assistant Commandant with effect from 01st July 2010 had been denied to the Petitioner. The Petitioner also challenges the order dated 21st January 2021, issued by Respondent No. 5 vide which stepping up the pay of the Petitioner was denied allegedly in a mechanical manner. Petitioner also seeks a direction to the Respondent No. 2 to 6 to grant the first annual increment to the Petitioner as Assistant Commandant with effect from 01st July 2010 along with the consequential benefits arising therefrom by way of re-calculation of the monetary and other benefits.
2. A perusal of the paper book reveals that the Petitioner has made a representation dated 12th February, 2021, which is annexed as Annexure `O' to the present writ petition, to the Commandant, Director General CRPF GO's Entitlement Section, which has not been decided till date.
3. At this stage, learned counsel for petitioner states that the aforesaid representation dated 12th February, 2021 does not contain all the grounds. He prays that the present writ petition be treated as a representation to be decided by the Commandant, Director General CRPF GO's Entitlement Section by way of a reasoned order.
4. Accordingly, the present writ petition is directed to be treated as a representation and the Commandant, Director General CRPF GO's Entitlement Section is directed to decide the same by way of a reasoned order within eight weeks.
5. Learned counsel for the Petitioner is directed to serve copies of the present writ petition upon Commandant, Director General CRPF GO's Entitlement Section within two working days.
6. This Court clarifies that it has not expressed any opinion on the merits of the controversy. All the rights and contentions of the parties are left open.
7. With the aforesaid direction, the present writ petition along with pending application stand disposed of.
The court emphasizes that pending representations must be decided with reasoned orders, ensuring that administrative decisions are not made mechanically.
The court mandated a comprehensive representation process for the release of increments due to ensure adherence to due process and a reasoned decision from Respondents.
The main legal point established is the requirement for the competent authority to decide the petitioner's representation regarding seniority within a specified timeframe and communicate the decision....
Employees are entitled to timely resolution of representations regarding service benefits, and failure to respond allows for judicial intervention to ensure compliance.
The main legal point established is that the petitioners and all similarly situated persons are entitled to one annual increment in accordance with the findings of the Supreme Court in Director (Admn....
Judicial intervention is warranted when there is undue delay in responding to representations made by citizens, affirming the right to timely administrative action.
Pending cases should not impede rightful monetary benefits unless directly relevant; eligibility is the determining factor for disbursement.
Misuse of judicial process through filing repeated applications and writ petitions is not permissible.
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