Deepak Chaturvedi vs Union Of India And Ors on 22 February, 2021

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Delhi High Court - Orders

Deepak Chaturvedi vs Union Of India And Ors on 22 February, 2021

Bench: Manmohan, Asha Menon

$~A-1
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P. (C) 1216/2021
      DEEPAK CHATURVEDI                                .....Petitioner
                  Through:            Mr. Ankur Chhibber, Advocate
                                      with Mr. Himanshu Shekhar
                                      Tiwari, Mr. Anshuman Mehrotra
                                      and Mr. Harsh Dhankar,
                                      Advocates.
                         Versus


      UNION OF INDIA AND ORS                   .....Respondents
                    Through: Mr. Harish Vaidyanathan Shankar,
                             CGSC with Ms. Kinjal
                             Shrivastava, Mr. Varun kishore,
                             Mr. Vinayak Mohandas and Ms.
                             Namisha Jain, Advocates for UOI .
      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN
      HON'BLE MS. JUSTICE ASHA MENON

                      ORDER

% 22.02.2021 The petition has been heard by way of video conferencing.

C.M.No.3402/2021

Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) No.1216/2021 & C.M.No.3401/2021 Present writ petition has been filed challenging orders dated 2/12/2020 and 6/1/2021 to the extent that the respondents withdrew Non- Functional Financial Upgradation [NFFU] benefits in Senior Administrative Grade [SAG] to the petitioner. Petitioner also seeks a direction to the respondents to implement order dated 1/11/2019 whereby petitioner had been granted benefit of NFFU in SAG w.e.f. 1/4/15.

Learned counsel for the petitioner states that the respondents have withdrawn the benefits granted to the petitioner, after more than a year, without issuing Show Cause Notice and/or without seeking any explanation. In support of his submission, he relies upon the orders passed by this Court in BD Dubey & Ors. Vs. Union of India & Ors., W.P.(C) 4295/2011, Lalit Kumar Choudhary vs. Union of India & Ors., W.P.(C) 2494/2014 and Arun Chhibber and Anr. Vs. Union of India & Ors., W.P.(C) 13599/2019.

However, upon a perusal of the paper book, this Court finds that in the present case, promotion has been made on the basis of draft Recruitment Rules, which were never notified.

It is settled law that it is possible, in the case of emergency, to act on draft recruitment rules provided there are no rules to the contrary.

Issue notice.

Mr. Harish Vaidyanathan, learned counsel for the respondents accepts notice. He prays for and is permitted to file a counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

Till further orders, there shall be a stay of recovery of the alleged excess amount paid to the petitioner. However, the prayer to continue to make payment of Non-Functional Financial Upgradation is declined as this Court is prima facie of the view that in the present case, no urgency for issuance of draft recruitment rules is made out. Further, to direct the respondents to continue to make payments in accordance with NFFU would amount to allowing the writ petition at the ad interim stage.

List on 19th July, 2021.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J ASHA MENON, J FEBRUARY 22, 2021 AS/KA

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Delhi High Court - Orders