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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Paramjit Singh Nagi (Dr.) - Appellant
Versus
Union of India - Respondent
W.P.(C) 11929 of 2021 & CM Appl. 36917 of 2021
Decided On : 25-10-2021
The court emphasizes the obligation of administrative authorities to respond to representations in a reasoned manner within a specified timeframe.
Headnote:(A) Constitutional Law - Right to receive entitled allowances - Non Practicing Allowance (NPA) - Challenge to the order regarding the effective date of NPA increase - Petitioner sought to have NPA effective from an earlier date than provided. (Paras 1-3)
(B) Administrative Law - Petitioner's grievance relates to non-response to representations - Court directs authorities to decide representations in a timely manner, emphasizing the need for reasoned orders. (Para 3)
Facts of the case:
Petitioner challenges the date of effect for the revised rate of NPA, seeking its implementation from 1st January 2016, alongside outstanding amounts.
Findings of Court:
Directions given to the respondent to address the petitioner's representations within twelve weeks without prejudice to the parties' rights.
Issues: The main question involved the effective date of NPA and the handling of prior representations by the respondent.
Ratio Decidendi: The court found that the respondents must respond to earlier representations with a reasoned order, leaving other rights and contention undetermined.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. challenge to npa revision date and amount. (Para 1) |
| 2. failure to respond to representations. (Para 2) |
| 3. directive to decide representations with no merit comment. (Para 3) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the order dated 7th July, 2017 to the extent it provides that the revised rate of Non Practicing Allowance (for short `NPA') in terms of the present order shall take effect with effect from 1st July, 2017 and to increase the NPA from 20% to 25%. Petitioner also seeks directions to the Respondents to grant the entire 20% as Guaranteed under the 7th CPC and accepted by the Government vide its order dated 7th July, 2017 to the Petitioner as NPA with or without keeping the capping of Rs.2,37,500/- with all consequential benefits and to grant the revised rate of NPA under the 7th CPC with effect from 1st January, 2016 instead of 1st July, 2017 and pay the remaining 11.2% of NPA.
2. Learned counsel for the petitioner points out that the petitioner had submitted representations dated 28th August, 2020 and 20th February, 2021. However, he states that the respondents have failed to act upon the aforesaid representations till date
3. Keeping in view the aforesaid, present writ petition along with pending application is disposed of with a direction to respondent No.1 to decide the representations of the petitioner dated 28th August, 2020 and 20th February, 2021 by way of a reasoned order within twelve weeks in accordance with law. It is clarified that this Court has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.
