SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(Del) 4972

IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, Renu Bhatnagar, JJ
UNION OF INDIA & ORS. – Appellant
Versus
SH DHEERAJ PAL & ORS. – Respondent
W.P.(C) 7301/2025 | W.P.(C) 7412/2025



Advocates:
For the Appellants/Petitioners: Mr.Himanshu Pathak, Mr.Amit Singh
For the Respondents:

The court reaffirmed that similar benefits must be consistently applied to all personnel situated similarly, rejecting petitions on procedural grounds.

Headnote:This judgment pertains to merits and procedural aspects of two writ petitions challenging orders of the Central Administrative Tribunal. The court reviews the validity of the Tribunal's directives concerning upgradation under the MACP Scheme and pensionary benefits citing precedents from earlier cases. The court finds no merit in delaying claim considerations and concludes by dismissing the petitions along with all pending applications.

Table of Content
1. initial applications for exemption were permitted. (Para 1)
2. challenging merits and timeliness of oa claims. (Para 3 , 4)
3. review of earlier judgments supporting claim merits. (Para 7 , 8 , 9)

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

CM APPL. 32882/2025 (exemption) in W.P.(C) 7301/2025 CM APPL. 33236/2025(exemption) in W.P.(C) 7412/2025

1. Allowed, subject to all just exceptions.

W.P.(C) 7301/2025 & CM APPL. 32881/2025 W.P.(C) 7412/2025 & CM APPL. 33235/2025 Signature Not Verified Digitally Signed W.P.(C) Nos.7301 & 7412/2025 Page 1 of 4

2. These petitions have been filed challenging the Order(s) dated

29.08.2024 and 18.09.2024 of the learned Central Administrative Tribunal, Principal Bench, New Delhi in OA No.823/2020 and OA No.197/2020, respectively, which allowed the OA(s) filed by the respondent(s), by quashing the orders impugned therein and passing the following pari materia directions:

“ …(ii) The respondents are directed to extend the benefit of the judgment of Hon’ble High Court for State of Telangana at Hyderabad in Writ Petition No. 17400/2016 to the applicants in present OA.

(iii) The applicants shall be entitled to all consequential benefits flowing therefrom including upgradation under MACP Scheme, pensionary benefits etc., as applicable.

(iv) The respondents shall comply with the aforesaid directions as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of a copy of this Order.”

3. Apart from challenging the Order(s) of the learned Tribunal on merits, the learned counsel for the petitioners submits that the OA(s) filed by the respondents before the learned Tribunal were highly belated and should have been dismissed only on the ground of delay and laches.

4. He submits that though this Court in WP(C) no.6973/2024, titled Union of India & Ors. v. Raksh Pal Singh & Ors. vide its Judgment dated 27.05.2024, has dismissed a similar challenge on merits, and a Special Leave Petition thereagainst has also been dismissed vide Order dated 10.12.2024 passed in SLP(C) No.

Signature Not Verified Digitally Signed W.P.(C) Nos.7301 & 7412/2025 Page 2 of 4

29726/2024, in another case, that is, in SLP(C) Diary No. 1868/2024, titled Union of India and Ors. v. Ravi Krishna and Ors, the Supreme Court while dismissing the petition, has left the question of law open.

5. Further, placing reliance on the Judgment dated 04.11.2024 passed by the High Court of Judicature at Madras in WP(C) no.1373/2021 titled UOI & Ors. v. The Registrar, Central Administrative Tribunal & Anr., he submits that a similar challenge on merits has been allowed by the High Court and the orders passed in the OA(s) has also been dismissed on the ground of delay and laches.

6. We have considered the submissions made by the learned counsel for the petitioners.

7. As far as the challenge on merits is concerned, this Court by its Judgment in Raksh Pal Singh (supra), has already dismissed a similar challenge of the petitioners. Furthermore, and as noted hereinabove, the Special Leave Petition thereagainst has also been dismissed by the Supreme Court. Being a Bench of co-

ordinate strength, we are bound by the Judgment.

8. On the question of delay and laches, we again find no merit in the petition.

9. This Court in Raksh Pal Singh (supra), was considering the OA(s) filed by the respondents therein in the year 2020, wherein the learned Tribunal, placing reliance on an Order passed by the High Court for the State of Telangana at Hyderabad in W.P.(C) 17400/2016, against which SLP(C) Diary No. 1868/2024 was Signature Not Verified Digitally Signed W.P.(C) Nos.7301 & 7412/2025 Page 3 of 4 dismissed keeping the question of law open, held that the respondents therein would be entitled to have their services, rendered as Reserve Trained Pool from 1983 to 1985, counted for the purpose calculation of financial benefits. This Court upheld the learned Tribunal’s decision, noting that other

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top