DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Bhagwan Prasad – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek pay increments based on promotion dates. (Para 2 , 3 , 4) |
| 2. previous judgment supports current petitioners' claims. (Para 5) |
| 3. court directs respondents to resolve petitions as representations. (Para 6) |
| 4. petitions disposed of with directions. (Para 7) |
1. The issue(s) raised in these petitions and the relief(s) sought are similar, therefore, these petitions are heard together and being disposed of by this common judgment.
2. Vide W.P.(C) 7655/2022, petitioners seek directions to the respondents to reckon date of assumption of charge by petitioners to the post of Sub Inspector (Ministerial) with effect from date of promotion of petitioners to post of Sub-Inspector (Ministerial) and consequently grant one increment on 01.01.2006 in the pre-revised pay scale and thereafter next increment in the revised pay structure on 01.07.2006 in terms of paragraph 3 of office memorandum dated 19.03.2012 and other consequential benefits.
3. Vide W.P.(C) 8151/2022, petitioners seek directions to the respondents to reckon date of assumption of charge by petitioners to the rank of Head Constable (Ministerial) with effect from date of their appoi
Legal precedent must be followed, and petitions concerning increment calculations can be treated as representations based on prior judicial decisions.
The court emphasized the importance of deciding the representations of the petitioner within a specified time frame and reserved the rights and contentions of the parties.
Administrative delays in promotions should not disadvantage employees financially, reaffirming equitable treatment regardless of such delays.
Delays in promotion processing not attributable to employees do not justify withholding pay benefits, ensuring fairness in administrative actions.
Appointment to higher post with greater duties and responsibilities, evidenced by higher pay scale, entitles government servant to pay fixation under FR 22(I)(a)(1) with one increment, not FR 22(I)(a....
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