W.P.(C) No. 8096/2012

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 2^nd June, 2022

Pronounced on: 12^th July, 2022

+

W.P.(C) 8096/2012

NISHANT CHAWLA

..... Petitioner

Through:

Mr. Meet Malhotra, Sr. Advocate

with Mr. Sukant Vikram, Mr. Ravi

S.S. Chauhan and Ms. Pallak

Singh, Advocates

versus

TELECOM DISPUTES SETTLEMENT AND

APPELLATE TRIBUNAL AND ORS

..... Respondents

Through:

Mr. Sharath Sampath, Advocate

for R-1.

Mr. Ruchir Mishra, Mr. Sanjiv K.

Saxena, Mr. Mukesh K. Tiwari and

Mr. Ramneek Mishra, Advocates

for R-2 and 3.

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant writ petition under Article 226 of the Constitution of

India is filed for issuance of appropriate writ to quash and set aside order

dated 27^th August 2012 and for directing the respondents to grant benefit

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002548

W.P.(C) No. 8096/2012

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of upgraded pay scale of Rs.6500-10500 with consequential benefits and

arrears thereof to the petitioner.

FACTUAL MATRIX

2.

In April 1998, the petitioner herein, qualified the All India

Competitive Exam of the year 1996 conducted by the Staff Selection

Commission and was inducted into government service as Stenographer

Grade „D‟. The petitioner joined the Indian Coast Guard at New Delhi.

Respondent no.3/Department of Telecommunications, vide letter bearing

No.10-16/2000-Restg. dated 4^th September 2000 conveyed that 16

categories of temporary posts in Respondent No.1/Telecom Disputes

Settlement and Appellate Tribunal were created with a sanction of

competent authority. Out of the 16 categories of temporary posts, 3 posts

of Stenographer Grade „C‟ in the pay-scale of Rs.5500-175-9000 were

created. All the posts were to be filled up by Respondent No. 1 on

deputation basis from persons holding analogous posts in that pay-scale

or from persons eligible to be promoted in that pay-scale.

3.

The respondent no.3 vide Order bearing no.10-16/2000-Restg,

dated 7^th November 2000, conveyed the sanction of the President for

creation of 6 categories of temporary posts in respondent no. 1, including

2 posts of Assistants in Central Secretariat Service (hereinafter “CSS”) in

the pay-scale of Rs.5500-9000. All the posts were to be filled up by the

respondent no. l on deputation basis from persons holding analogous

posts in that pay-scale or from persons eligible to be promoted in that

pay-scale. On 8^th November 2000/30^th November 2000, Ministry of

This is a digitally signed Judgement.

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W.P.(C) No. 8096/2012

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Communications issued a Circular bearing no. A-22013/11/2000-Admn.II

for filling up of temporary posts in respondent no. 1. Vide aforesaid

circular, it was proposed to fill up the temporary posts in Respondent No.

1 from amongst the officials/officers from all the Ministries/Departments

of the Government of India on deputation basis, which included 3 posts

of Stenographer Grade 'C‟ in the pay-scale of Rs.5500-9000 and 2 posts

of Stenographer Grade 'D' in the pay-scale of Rs.4000-6000.

4.

Respondent No.3 issued a Notification bearing G.S.R.575(E) dated

2^nd August 2001, making the Telecom Disputes Settlement and Appellate

Tribunal (Salary, Allowances and other Conditions of Service of the

Officers and Employees) Rules, 2001.

5.

Thereafter, on 5^th June 2003, the Respondent No.3 made the

Telecom Disputes Settlement and Appellate Tribunal Group 'C and

Group 'D' Posts Recruitment Rules, 2003, wherein number of posts,

classification and scale of pay have been specified in the Schedule

attached thereto. The classification of posts of Stenographer Grade 'D' is

General Central Service Group „C‟ Non-Gazetted - Ministerial' having a

pay scale of Rs. 4000-100-6000 and are required to be filled up by direct

recruitment. Stenographer Grade