Delhi High Court - Orders
Civil & Sessions Court Stenographers ... vs The Distrct & Sessions Judge (Hqs) & Anr on 23 November, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1220/2020 & CM APPL. 4157/2020
CIVIL & SESSIONS COURT STENOGRAPHERS ASSOCIATION,
DELHI(REGD.) ..... Petitioner
Through: Mr.Pawanjit S Bindra, Sr.Adv. with
Mr.Vinayak Marwah, Adv.
versus
THE DISTRCT & SESSIONS JUDGE (HQS) & ANR.
..... Respondent
Through: Ms.Avnish Ahlawat, S.C. with
Ms.Laavanya Kaushik, Ms.Aliza Alam, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 23.11.2022
1. The petitioner/association, whose members are working as
Stenographers Grade I/Senior Personal Assistants in the respondent no.1, have approached this Court seeking the following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing, commanding and requiring the respondent no. 1 forthwith to grant entry pay of Rs. 18,750/- corresponding to Grade Pay of Rs.6600/- to the promotee Stenographers Grade-
I/Sr. Personal Assistants working in Delhi District Courts, in terms of Office Memorandum of Finance Department, Government of India dated 28-09-2018, which has also been endorsed by the Finance Department, Government of NCT of Delhi of respondent no. 2 vide endorsement dated 06-11-2018;
(ii) issue further appropriate writ, order or direction thereby directing the respondent no.2 to release the requisite budget as and when so demanded by respondent no. 1 for payment of the above mentioned pay fixation benefits including arrears to the members of the Petitioner Association and"
Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:24.11.2022 15:20:202. The grievance of the petitioner, as articulated by the learned senior counsel for the petitioner, is that after the entry pay of the post on which they are working was revised as per the recommendations of the 6th Central Pay Commission, the members of the petitioner/association were put at disadvantage vis-a-vis the new recruits to the same post, in as much as the pay of seniors at a post was fixed at a lower stage than the entry pay applicable to new recruits. After various representations were made by the members of the petitioner association, even though an order was passed by the Competent Authority on 27.12.2018, redressing the petitioner's grievances, the same has not been implemented till date, thus compelling them to approach this Court.
3. Learned counsel for the respondents is not in a position to inform this Court as to why this order passed way back on 27.12.2018 has not been implemented till date qua the petitioner.
4. In the light of the aforesaid, this Court is of the view that it would be appropriate that a decision on the order dated 27.12.2018 is first taken by the respondent no.2. The writ petition is, accordingly, disposed of by directing the respondent no.2 to take a final decision in respect of the order dated 27.12.2018 passed by the respondent no.1 by passing a reasoned and speaking order within a period of eight weeks. While taking a final decision, the respondent no.2 will take into account the O.M. dated 28.09.2018 issued by the Ministry of Finance (Annexure P4 Colly).
5. Needless to state, in case, the petitioner is still aggrieved by any order passed by the respondent no.2, it will be open for them to seek legal Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:24.11.2022 15:20:20 recourse as permissible in law.
6. The petition along with pending application is, accordingly, disposed of.
REKHA PALLI, J NOVEMBER 23, 2022/sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:24.11.2022 15:20:20