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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Naveen Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 10825 of 2019
Decided On : 02-09-2022
1. Vide the present petition, the petitioner seeks summoning of the records and directions to the respondents to step up the pay of the petitioner equivalent to his batch-mates Like Prem Lal No.864550406 or at least equivalent to his junior Like A. Panchatcharam No.891990992 w.e.f. 28.08.2008 with all consequential benefits including consideration and promotion to the rank of ASI w.e.f. the date his junior(s) were promoted to the rank of ASI with all consequential benefits with costs of the proceedings in his favour.
2. In view of the averments made in the present petition, we hereby direct the respondents to decide the representation dated 19.08.2017 (Annexure P-4) within six weeks of receipt of this order by a detailed/reasoned order and communicate the same to the petitioner in writing within one week thereafter.
3. Needless to say, if the petitioner still feels aggrieved by the decision thereof, he may approach the appropriate forum.
4. With the aforesaid directions, the present petition is disposed of.
Court mandates timely response to administrative appeal for pay parity, emphasizing reasoned decisions and ensuring avenues for appeal.
The court's decision was influenced by the specific circular issued by the Railway Board and the coverage of a previous judgment.
The legal principle established is that employees in similar positions are entitled to equal pay and benefits, and their representations must be addressed in a timely and reasoned manner.
The right to timely promotion and payment of due increments under the Career Advance Scheme is essential for fair administrative action in public service.
Equal pay for equal work principle applied in directing the respondents to make pay fixation of the petitioners equal to similarly situated Teachers.
The court's decision was based on the principle of providing equal pay fixation and other consequential benefits to similarly situated individuals based on a previous case.
The court can rely on previous cases to make similar directions in current cases, ensuring equal treatment and benefits for petitioners.
The court granted permission for a petitioner to withdraw a pay fixation petition, emphasizing the need for procedural fairness in addressing grievances to the appropriate respondents.
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