Delhi High Court - Orders
Uoi & Ors vs Vijay Kumar & Ors on 31 July, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1317/2008
UOI & ORS. .....Petitioners
Through: Ms. Pratima N. Lakra (CGSC)
along with Mr. Chandan
Prajapati, Mr. Shailendra
Kumar Mishra, Advs. and Ravi
Prakash (JSO)
versus
VIJAY KUMAR & ORS. .....Respondents
Through: Ms. Jasvinder Kaur along with
Mr. Shivam Yadav and Mr.
Altamash Khan, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE MADHU JAIN
ORDER
% 31.07.2025
1. This petition has been filed challenging the Order dated 02.07.2007 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, 'Tribunal'), in O.A. No. 1548/2006 titled Sh. Vijay Kumar & Ors. v. UOI & Ors., disposing of the said O.A. filed by the respondents herein by, inter alia, placing reliance on the Order dated 29.11.2003 passed by the learned Tribunal in O.A. No. 2137/2002 titled G. Lalitha v. Union of India.
2. The learned counsel for the respondents submits that on similar basis as G. Lalitha (supra), the Ernakulum Bench of the Tribunal had also decided O.A. No. 659/2008 titled Tomy Mathew & Ors. v. Union This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 22:09:39 of India & Ors. vide Order dated 31.05.2010 The said Judgment was challenged by the petitioners herein by way of a petition, being O.P. (CAT) No. 1124/2011(Z) titled Union of India & Ors. v. Tomy Mathew & Ors., which was disposed of by the High Court of Kerala at Ernakulum vide Judgment dated 31.10.2019, inter alia, observing as under:-
"10. We perfectly agree with the principles as propounded by the learned ASG of India. However, on facts we have to differ in applying such principles to this case. We see that the petitioners have filed an affidavit before the Tribunal, which is available at page 132 of the paper book. The Tribunal has also extracted the vacancy positions in various years from that affidavit. We also deem it fit to extract paragraphs 5 and 6 of the above document:
"5. It is submitted that all the investigators promoted as Asst. Superintendents on Adhoc basis during 1998-1999 were eligible for promotion according to Existing Recruitment Rules.
6. In view of the above, and the submissions in the reply statement, it is submitted that the regularization of the applicants at this juncture will disturb the whole structure of SSS. Further MACP Guidelines issued by the Department of Personnel and Training, Government of India takes due care of length of past service rendered by the employees and therefore financial interest is taken care of. Hence, it is respectfully submitted that the OA may be dismissed with cost to the respondents".
Hence, the only submission of the petitioners was that even when there were promotions on ad hoc basis made to the post of Assistant Superintendents during 1998 and 1999, those persons were eligible for promotion according This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 22:09:39 to existing Recruitment Rules . The contention against regularization that if it is carried out at this juncture, it will disturb the whole structure of the SS Services, establishes that there were sufficient vacancies. We cannot countenance such a contention, since the eligible officers who are entitled to be considered to vacancies, which were available and who were so considered, but promoted only on an ad hoc basis cannot be deprived of their right for regularization merely on the administrative version of the disturbance it would create in the structure of SS Service. This has to be definitely worked out by the Department and the persons adjusted to suitable vacancies.
11. In the above circumstances, we find that the respondents 1 to 3 were eligible to be promoted to the available vacancies of Assistant Superintendents even as per the admission of the petitioners herein on the dates on which they were promoted on an ad hoc basis as revealed from Annexures A-2 and A-3. Then their promotions are entitled to be regularized from that date. When their promotions are regularized as on that date, definitely the ACP granted to them on 10.03.2000 and 01.11.1999 would have to be withdrawn. We direct the regularization as on the date of ad hoc promotion also on account of they having been continued in the higher post of Assistant Superintendents till the creation of SS Services. As we noticed, the ACP benefit given to them would have to be re-called since they were promoted prior to the grant of ACP and in that circumstance they would not be entitled to higher grade under the ACP scheme. But, that would not necessarily prejudice the respondents 1 to 3 because on creation of SS Service they would have to be absorbed and continued in the post of Statistical Investigators Grade-II and would have to be adjusted in the scale of pay of Rs. 6500-10500. If there is any recovery This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 22:09:39 necessitated on the basis of the pay fixation in the regular post of Assistant Superintendents as on the dates of Annexure A-2 & A-3 as also as Statistical Investigators Grade-II as per Ext.P19, it would be ensured that their pay drawn is protected, by granting them personal or special pay in the scales in which they were to he continued. However, on creation of SS Services, the Government will consider their suitability to be placed in the higher cadre of Statistical Investigators Grade-II as found from Annexure A-19 in the scale of pay of Rs.6500-10500."
3. The learned counsel for the respondents submits that the said Judgment has been implemented by the petitioners vide Office Memorandum dated 29.07.2022.
4. The learned counsel for the petitioners prays for time to seek instructions on the above submissions.
5. List on 20th August, 2025 at the 'Top of the Board'.
NAVIN CHAWLA, J MADHU JAIN, J JULY 31, 2025/rv/SJ This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/08/2025 at 22:09:39