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Delhi High Court - Orders

Sushil Kumar And Anr vs Union Of India And Ors on 6 April, 2021

Author: Manmohan

Bench: Manmohan, Asha Menon

                          $~31
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     W.P.(C) 4233/2021 & C.M.No.12843/2021

                                SUSHIL KUMAR AND ANR                    ..... Petitioners
                                             Through Mr.Ankur Chhibber with
                                                     Mr.Anshuman Mehtrotra, Advocates.

                                                    versus

                                UNION OF INDIA AND ORS                  ..... Respondents
                                              Through  Ms.Nidhi Raman, CGSC with
                                                       Mr.Akshat Singh, Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MS. JUSTICE ASHA MENON
                                        ORDER

% 06.04.2021 Present petition has been filed challenging the order dated 18 th September 2020 issued by the Respondents wherein the Petitioners have been denied the benefit of Non-functional Financial Upgradation. However, learned counsel for the Petitioners emphasises that the Petitioners are seeking Non-Functional Grade as per the DoPT O.M. dated 29th August, 2008 and not Non-Functional Financial Upgradation.

However, a perusal of the petitioners' legal notice reveals that the Petitioners had prayed for grant of Non-Functional Financial Upgradation. According to learned counsel for the Petitioners, the same was a mistake.

Keeping in view the aforesaid, the present writ petition along with pending application is disposed of with a direction to DIG (Establishment), ITBP to treat the present writ petition as a representation of the Petitioners Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.04.2021 16:43:47 and decide the same by way of a reasoned order within eight weeks. This Court clarifies that it has not expressed any opinion on the merits of the controversy. All the rights and contentions of the parties are left open.

MANMOHAN, J ASHA MENON, J APRIL 6, 2021 KA Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:07.04.2021 16:43:47