$~3 TO 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 09.04.2025 + W.P.(C) 17342/2024 & CM APPL. 73812/2024, CM APPL.

73813/2024 NATIONAL COUNCIL FOR CEMENT BUILDING MATERIALS .....Petitioner Through: Mr.Suresh Tripathy &

Mr.Srikrishnan, Advs versus PARDEEP KUMAR AND ORS .....Respondents Through: Mr. Rahul Raj Mishra &

Mr.Prashant Karan, Advs Ms.Shagun Shahi Chugh &

Ms.Nandita Mishra, Advs for R-7/UOI.

Mr.Vedansh Anand, GP + W.P.(C) 17356/2024 & CM APPL. 73900/2024, CM APPL.

73901/2024, CM APPL. 15426/2025 NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALS .....Petitioner Through: Mr.Suresh Tripathy &

Mr.Srikrishnan, Advs.

versus ANITA CHOPRA AND ORS. .....Respondents Through: Mr. Rahul Raj Mishra &

Mr.Prashant Karan, Advs Mr.Piyush Beriwal, Mr.Vedansh Anand, Mr.Nikhil Kumar Chaubey, Ms.Jyotsna Vyas & Mr.Rohit Yadav, Advs for R-6 Signature Not Verified W.P.(C) 17342/2024 & CC Page 1 of 13 Digitally Signed + W.P.(C) 17370/2024 & CM APPL. 73965/2024, CM APPL.

73966/2024 NATIONAL COUNCIL FOR CEMENT BUILDING MATERIALS .....Petitioner Through: Mr.Suresh Tripathy &

Mr.Srikrishnan, Advs.

versus SHRI SATISH KUMAR AGARWAL AND ORS .....Respondents Through: Mr. Rahul Raj Mishra &

Mr.Prashant Karan, Advs Ms.Shagun Shahi Chugh &

Ms.Nandita Mishra, Advs for R-7/UOI.

C ORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL)

CM APPL. 15426/2025

1. This application has been filed by respondent no.6 for marking his appearance in the Order dated 27.02.2025.

2. The application is allowed. The name of Mr.Piyush Beriwal be reflected in the Order dated 27.02.2025 as appearing for respondent no.6.

W.P.(C) 17342/2024 & CM APPL. 73812/2024, CM APPL.

73813/2024 W.P.(C) 17356/2024 & CM APPL. 73900/2024, CM APPL.

73901/2024 W.P.(C) 17370/2024 & CM APPL. 73965/2024, CM APPL.

73966/2024 Signature Not Verified W.P.(C) 17342/2024 & CC Page 2 of 13 Digitally Signed

3. These petitions have been filed challenging the Order dated 11.11.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter reyferred to as the “learned Tribunal”) in Original Application (OA) No. 1842/2022, titled Pardeep Kumar & Ors. v. Union of India & Ors.; O.A. No. 2902/2022, titled Anita Chopra & Ors. v. Union of India & Ors.; and O.A. No. 1440/2022, titled Satish Kumar Agarwal & Ors. v. Union of India & Ors., allowing the OAs filed by the respondents herein, with the following direction:

“8.1. This Tribunal is of the considered view that the present OAs deserve to be allowed, keeping in view the fact that no recovery can be effected from an employee without giving any show cause notice. Respondents are, therefore, directed to refund the amount, if any, already recovered, which has been wrongly adjusted against the retiral dues, contrary to the aforesaid proposition of law. The Respondents are directed to pay the applicants all the retirement/ service benefits including Gratuity/ Ex- gratia on Gratuity as per the relevant rules. The consequential relief(s) shall follow thereof. These directions shall be complied with by the respondents within a period of two months from the date of receipt of a certified copy of this order, failing which the applicants shall also be entitled to interest at GPF rates till the date of actual payment.”

4. As common submissions have been made by the learned counsels for the parties, we herein narrate the brief background of the facts giving rise to the present petitions from WP(C) 17356/2024.

Signature Not Verified W.P.(C) 17342/2024 & CC Page 3 of 13 Digitally Signed

5. The respondents were issued Recovery Notices dated 07.10.2020 by the petitioner, claiming therein that the respondents had elected to be paid as per the Pay Structure based on the 7^th Central Pay Commission (in short, ‘7^th CPC’). The applicability of the Revised Pay Structure to the employees of the petitioner was subject to certain conditions, whereby the petitioner was to align all service conditions, pay, and allowances w