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2025 Supreme(Online)(Del) 46475

IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VATS & ORS. – Appellant
Versus
UNION OF INDIA & ANR. – Respondent
W.P.(C)-9954/2022



$~14

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 15.12.2025

+ W.P.(C) 9954/2022 HARISH VATS & ORS.

.....Petitioners

Through: Mr. Varun Mudgil, Mr. Rakesh

Kumar, Ms. Garima Anand, Mr. Ansh Sharma and Ms. Eti

Kushwaha, Advocates.

versus

UNION OF INDIA & ANR.

.....Respondents

Through: Mr. Vedansh Anand, SPC with

Mr. Kush Garg, Advocate for

UOI.

Mrs. Avnish Ahlawat, SC with

Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Mr. Mohnish

Sehrawat, Advs. for DoE.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

HON'BLE MS. JUSTICE MADHU JAIN

NAVIN CHAWLA, J. (ORAL)

1. This petition has been filed by the petitioners, praying for the

following reliefs:

“a) Issue an appropriate writ, order or direction in the nature of Certiorari to quash the impugned Order Dated 09/0312022, in the matter of Harish Vats & Ors. Vs Department

of Expenditure & Anr., passed by Ld. Central Administrative Tribunal, PB, New Delhi in O.A/497/2022; &/or b) Issue an appropriate writ, order, or direction to the Respondent No.2 to declare that the impugned action on the part of Govt. of NCT of Delhi, Respondent No.2 herein, in not paying the proper Dearness Allowances to the Petitioners, who are working as Part-Time Vocational Teachers as payable to their regular counter parts/Post Graduate Teachers (PGT's), is illegal, arbitrary, unjustified and is in violation of A.l4 & 21 of the Constitution of India; &/or c) Issue an appropriate writ, order, or direction to the Respondent No.2 to Declare that the Petitioners are entitled to increase in DA twice a year in consonance with the increase in DA as given to the regular PGTs retrospectively w.e.f. January 2013 till date and, accordingly, direct the Respondent No.2 to continue to pay appropriate DA on the principles of equal pay for equal work, in accordance with law and as per the Judgment of the Hon'ble Supreme Court in State of Punjab & Ors. Vs. Jagjit Singh & Ors. (2017)

1SCC 148;&

d) Issue an appropriate writ, order, or direction to the Respondent No.2 to pay the arrears of salarytothePetitioners onaccount of revision in DA along with interest @ 18%

per annumthereupon; &

e) Pass such order or further order(s) including order in respect of costs of the petition as may be deemed fit and proper in the facts and circumstances of the present case.”

2. The learned counsel for the petitioners confines his relief only to the due implementation of Notification No. F.DE-

45/(847)/VE/2008/615-29 dated 25.07.2013, which reads as follows:

“GovernmentofNationalCapitalTerritoryofDelhi DirectorateofEducation:VocationalEducationBranch PlotNo.5,Jhandewalan,KarolBagh,NewDelhi-110005 No.F.DE-45/(847)/VE/2008/615-29 Dated:25.07.2013 NOTIFICATION In exercise of the powers conferred by proviso to Article 309 of the Constitution readwithGovt.ofIndia,MinistryofHome Affairs Notification No. 27/50-.lim(l), dated 13.07.1959, the Lt. Governor of the National Capital Territory of Delhi is pleasedtonotifythedecisionofCouncilof Ministers regarding the enhancement of the remuneration which was approved by the Govt. of NCT of Delhi vide Cabinet Note in para 18 of the Cabinet Decision· No. 2005 dated 09.04.2013, conveyed by OrderNo. F .3/2/2013-GAD/CN/Pt. File- l-1702- 1714. dated 11.04.2013 issued by the General Adinistrative Department, Govt. of NCT of Delhi, subject to the followingconditions:-

1. The consolidated Remuneration per month being paid to the Part Time Vocational Teachers deployed in the Govt. schools of the Directorate of Education, Govt. of NCT of Delhi, is hereby revised/enhanced as underfortheAcademicyeari.e.2013-14.

2. IncreaseinDearnessallowancewillbegiven once in a year based on increase in DearnessAllowance.

3. The Vocational Part Time Teachers will be entitled to get Eight Casual Leaves during thecompleteacademicyear.

ByorderinthenameoftheLt.Governorof NationalCapitalTerritoriesofDelhi.

Sd/-

(NeelamVerma) Addl.DE(Voc.)”

4. This Court, in its order dated 23.01.2024, noted that there is an anomaly in the manner in which the Dearness Allowance announced by the Cent

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