Mahendra Singh Gangola vs Union Of India Through Secretary & Ors.

NAVIN CHAWLA, J. (Oral)

Allowed, subject to all just exceptions.

The petitioner has approached this Court under Article 226 of the Constitution of India, seeking a direction to the respondents to grant him his due increments in light of the decision of the Supreme Court in Director (Admn. & HR) KPTCL & Ors. versus C.P. Mundinamani & Ors. 2023 SCC OnLine SC 401.

The learned counsel for the petitioner submits that for the present, the petitioner will be satisfied, in case the respondents are directed to examine his claims in light of the decision of the Supreme Court in Director (Admn. & HR) KPTCL &Ors. (supra) in a time-bound manner.

Issue notice. 5. Notice is accepted by Mr.Ajay Jain, learned counsel on behalf of the respondents. He has no objection if the present petition is disposed of by directing the respondents to take a final decision regarding the petitioner’s claim in a time-bound manner.

The learned counsel for the respondents has drawn our attention to the Office Memorandum dated 14.10.2024, issued by the Department of Personnel & Training, whereby it has been decided to implement the interim Order dated 06.09.2024, passed by the Supreme Court in MA Dy. N.2400/2024, without prejudice to the stand of the respondents and without prejudice to any change in law in that regard.

In light of this fair stand taken by the respondents, the writ petition is disposed of by directing the respondents to consider the petitioner’s claim, as raised in the present petition, within a period of eight weeks from today and pass a reasoned and speaking order qua the petitioner.

Needless to state, while taking a decision on the petitioner’s claim, the respondents will take into account the decision dated 11.04.2023 of the Supreme Court in Director (Admn. & HR) KPTCL &Ors. (supra) read with the clarificatory order passed by the Supreme Court in S.L.P. (C) 4722/2021 on 06.09.2024. It is further made clear that in case the petitioner is aggrieved by any order passed by the respondents, it will be open for him to seek legal recourse as permissible in law.