NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 19.04.2023.

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W.P.(C) 4967/2023 & CM APPLs. 19374/2023 and 19375/2023

ANIL KUMAR

..... Petitioner

Through:

Mr. Joby P. Varghese, Advocate.

versus

SASHASTRA SEEMA BAL AND ANR.

..... Respondents

Through:

Mr. Krishna Kumar Sharma, SPC

with Mr. Anil Devlal, GP

SI Harender, SSB

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

1.

The petitioner in his petition has made following prayers:

a)

b)

c)

d)

Digitally Signed

By:SAHIL SHARMA

Signing Date:20.04.2023

18:47:08

Signature Not Verified

NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB

2.

The issue raised in the present petition had come before this Court

first time in W.P.(C) No. 727/2015 titled as “Dasrath & Ors. vs. Union of

India & Ors.” and the same was disposed of vide Order dated 27.01.2015.

3.

The aforesaid judgement was challenged by the respondents in the

Hon’ble Supreme Court and the same was dismissed vide Order dated

21.10.2019. Thereafter, the said order was complied with by the

respondents.

4.

Relying upon the aforementioned judgement passed by this Court, the

petition filed by Mr. Vinod Kumar and Mr. Jitender Sharma vide W.P.(C)

6914/2013 titled as “Vinod Kumar & Anr. Vs. Union of India & Ors.” and

the same was also disposed of vide Order dated 19.12.2018 with the

observation as under:

weeks from today.”

5.

The said order dated 19.12.2018 has also been complied with.

6.

Thereafter, Officiating Commandant, 4^th Battalion SSB, Lucknow

passed an Order dated 22.12.2021 wherein pay of the petitioner was re-fixed

under FR-22 (i) (a) (1) in PB-I on being re-designated as a Constable/

Tradesman of Matriculate Follower/ tradesman of that unit and was also

granted subsequent increments and the details are mentioned in Annexure P-

Digitally Signed

By:SAHIL SHARMA

Signing Date:20.04.2023

18:47:08

Signature Not Verified

NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB

1 (colly) of the abovesaid order.

7.

Being aggrieved, the petitioner made a representation and the same

was replied vide Office Memorandum dated 01.09.2022 by stating as under:

ambit of MoF DoE OM No . 8-23 /2017-E .III A

filed by both CT (Orderly) in High Court of Delhi.”

8.

Since the Judgements in Dasrath (supra) & Vinod Kumar (supra)

have already been implemented by the respondents and petitioner is

similarly situated, therefore, we hereby direct the respondents to take final

decision within four weeks in parity with the case of Dasrath (supra) &

Vinod Kumar (supra).

9.

The decision so taken shall be communicated to the petitioner within

one week thereafter. Till the decision is taken by the respondents, the Order

Digitally Signed

By:SAHIL SHARMA

Signing Date:20.04.2023

18:47:08

Signature Not Verified

NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB

dated 22.12.2021 shall remain stayed qua the petitioner.

10.

If the petitioner feels aggrieved by the decision so taken, he may

challenge the same before the appropriate forum.

11.

In view of above, the petition and pending application, if any, stand

disposed of.

(SURESH KUMAR KAIT)

JUDGE

(NEENA BANSAL KRISHNA)

JUDGE

APRIL 19, 2023/PA

Digitally Signed

By:SAHIL SHARMA

Signing Date:20.04.2023

18:47:08

Signature Not Verified