Delhi High Court - Orders
Alka Nimbhorkar vs Union Of India And Ors on 4 July, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~3 (Spl. Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3275/2023
ALKA NIMBHORKAR .....Petitioner
Through: Mr. M. K. Bhardwaj,
Ms.Priyanka Bhardwaj and
Mr.Praveen Kaushik, Advs.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr.Mukul Singh, CGSC with
Ms.Ira Singh & Mr.Aryan
Dhaka, Advs. for R-1/DoPT
Mr.Hanu Bhaskar, CGSC with
Ms.Archana Surve, GP &
Mr.Aakash Singh & Ms.Nidhi
Sharma, Advs for UOI
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 04.07.2025 CM APPL. 68666/2024
1. This application has been filed by the petitioner/applicant, praying for the following clarification:-
"i) To clarify the order dated 30.05.2024 in WP (C) No. 3275/2023 to the effect that the respondents were require to adjust / appoint the petitioner against Group 'B' Gazetted post in the Grade Pay of Rs.4800 w.e.f. 13.11.2019 strictly as per notification dated 19.10.2023 issued by Ministry of Finance."
2. The learned counsel for the petitioner/applicant has taken us through the Departmental Order dated 29.05.2024 issued by the respondent no.4, basis whereof the present petition had been disposed of as having been rendered infructuous. The same reads as under:-
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 07/07/2025 at 22:04:29 "Sub: Estt. - Gazetted Group 'B' -
Appointment to the cadre of Administrative Officer Grade III - Order - Regarding -
In compliance to the order of Hon'ble High Court dated 29.05.2024 in case of Alka Nimbhorkar Vs. Union of India and Ors., W.P (C) 3275/2023, the following Official is hereby appointed to the grade of Administrative Officer Grade-III, Gazetted Group 'B':
SL.NO. NAME Cat. D.O.B.
1 ALKA SC 13/01/1984
NIMBHORKAR
2. The official will continue to enjoy pay
protection of Grade pay 4800/- granted to her.
3. This order will hold no precedential value and shall be subject to the legal remedies available.
4. This issues with approval of the Pr.
Chief Commissioner of Income-tax, New Delhi."
3. The grievance of the petitioner is twofold. The learned counsel for the petitioner submits that the post of Administrative Officer Grade-III, though is a Group 'B' Gazetted post, but it carries a Grade Pay of Rs.4600/-, and it is the post of Administrative Officer Grade-II, that is also a Group 'B' Gazetted post, which carries a Grade Pay of Rs.4800/-, to which the petitioner was entitled in terms of the Notification dated 19.10.2023 issued by the Ministry of Finance (Department of Revenue). He submits that no reason has been provided by the respondent no.4 for not placing the petitioner to the post of Administrative Officer Grade-II.
4. He further submits that in any case, as per the Notification dated 19.10.2023, the pay protection was to be granted to the petitioner with 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 07/07/2025 at 22:04:29 effect from 13.11.2019, however, the Departmental Order of the respondent no.4 dated 29.05.2024, on its reading, becomes effective only from the date of the order itself, that is, 29.05.2024.
5. On notice of this application being issued to the respondent no. 4, the respondent no. 4 has filed a reply wherein, it is now stated that the pay protection of the Grade Pay of Rs.4800/- shall be granted to the petitioner with effect from 13.11.2019. With this statement, one of the grievances of the petitioner stands satisfied.
6. As far as the second grievance of the petitioner is concerned, the learned counsel for the respondent no.4 states that the petitioner was not even entitled to the post of Administrative Officer Grade-III, the same being a promotional post in terms of the Recruitment Rules.
7. We are unable to appreciate the said submission. Once the respondent no.4 itself had placed the petitioner as Administrative Officer Grade-III, it cannot say that the petitioner was not entitled to the same.
8. The reply filed by the respondents does not give adequate reason for not placing the petitioner as Administrative Officer Grade- II.
9. The learned counsel for the respondent no.4 has also placed reliance on the Communication dated 11.11.2024 whereby the representation of the petitioner for revision of her appointment and fixation of seniority was disposed of. It, inter alia, records as under:-
"3.12 On examining the Hon'ble High Court's order dated 30.05.2024, it is evident that the Hon'ble Court has accepted and taken on record the Department's position regarding the appointment of Ms.Alka Nimbhorkar to the 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 07/07/2025 at 22:04:29 post of Administrative Officer Grade-III, Group B (Gazetted), which is of the same classification as her post in the parent department and carries the same scale of pay, with pay protection. ......"
10. We are of the opinion that this is a misrepresentation of the Order dated 30.05.2024 of this Court. This Court had in fact proceeded on the basis of the submission of the learned counsel for the respondent no. 4 that an order in terms of the Notification dated 19.10.2023 has been issued by the respondent no. 4. This Court did not scrutinise if the statement was correct.
11. The learned counsel for the petitioner submits that posts of Administrative Officer Grade-II are available with the respondent no.4, which have also been given to other officers. In support, he places reliance on the Office Order dated 30.06.2014.
12. The respondent no.4 is directed to file a further affidavit explaining its stand on the above statement of the learned counsel for the petitioner.
13. The respondent no.4/Principal Chief Commissioner of Income Tax shall also remain personally present in Court on the next date of hearing.
14. List on 22nd August, 2025.
NAVIN CHAWLA, J SAURABH BANERJEE, J JULY 4, 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 07/07/2025 at 22:04:29