Daljit Singh Sumbrya vs Union of India

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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Daljit Singh Sumbrya - Appellant
Versus
Union of India - Respondent
W.P.(C) 11251 of 2022
Decided On : 28-07-2022

Important Points

Legal precedent must be followed, and petitions concerning increment calculations can be treated as representations based on prior judicial decisions.

Subject

Administrative Law - Public Employment

Headnote

(A) Writ of Mandamus - Petition for directing respondents to reckon date of assumption of charge and grant one increment - Issue covered by coordinate Division Bench judgment in W.P.

(C) No. 4448/2016.

(B) Legal principles established regarding treatment of similar petitions.

(C) Office memorandum dated 19.03.2012 relevant for increments.

Facts of the case:
Petitioner sought direction for recognition of the date of assumption of charge for increment purposes and consequential benefits.

Findings of Court:
The judgment in W.P.

(C) No. 4448/2016 governs the case, directing respondents to treat the petition as a representation and decide within six weeks.

Issues: The authority of precedent in similar cases and the necessary remedial action for the petitioner.

Ratio Decidendi: The court held that since the legal issue was settled by a prior judgment, the petition was to be treated as a representation based on that judgment.

Result: Petition disposed of directing respondents to act in accordance with the earlier judgment.

Table of Content
1. writ of mandamus for appointment recognition (Para 1)
2. prevailing judgment supports the petitioner (Para 2)
3. court directs representations based on past judgment (Para 3)
4. petition disposed with directions (Para 4)

JUDGMENT (Oral)

1. Vide the present petition, petitioner seeks issuance of a writ of Mandamus directing the respondents to reckon date of assumption of charge by petitioner to the post of Assistant Sub Inspector (Clerk) with effect from date of appointment of petitioner to post of Assistant Sub-Inspector (Clerk) 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.

2. Learned counsel for the petitioner submits that the issue at hand is covered by a judgment of the coordinate Division Bench of this Court in W.P. (C) No. 4448/2016 titled as `Vijayan V.V. vs. Union of India and others' decided on 01.04.2019.

3. Since the legal issue involved in the present writ petition stands finally settled by the judgment of this Court in W.P. (C) No. 4448/2016, this Court is of the view that no useful purpose would be served by keeping the present writ petitions pending. Accordingly, this Court directs the respondents to treat the present writ petition filed by the petitioner as representations in accordance with the judgment of this Court in W.P. (C) No. 4448/2016 and decide the same by way of a reasoned order within six weeks.

4. With aforesaid directions, the present petition stand disposed of.