Delhi High Court - Orders
Delhi Prosecutors Welfare Association ... vs Rajiv Mehrishi & Anr on 1 February, 2019
Author: V. Kameswar Rao
Bench: Chief Justice, V. Kameswar Rao
$~6 to 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 224/2016
DELHI PROSECUTORS WELFARE ASSOCIATION (REGD)
..... Petitioner
versus
RAJIV MEHRISHI & ANR ..... Respondents
WITH
+ W.P.(C) 1091/2013
+ W.P.(CRL) 1549/2009
Presence: Mr. Vikas Pahwa, Sr. Adv. with Mr. Ashish Dixist, Adv. for
the petitioner Item No.6 to 8
Mr. Anuj Aggarwal, ASC with Mr. Preet Pal Singh, Adv. for
R-2 in Item No.6.
Ms. Meera Bhatia, Adv. for UOI in Item Nos.6 to 8
Mr. Viraj R. Datar, Adv. for DHC in Item No.7.
Mr. Dev P. Bhardwaj, CGSC with Mr. Jatin Teotia, Adv. for
UOI in Item No.7
Mr. Gautam Narayan, ASC with Ms. Mahamaya Chatterjee &
Ms. Shivani Vij, Advs. for GNCTD in Item No.7
Mr. Sanjeev Bhandari, SPP with Mr. Prateek Kumar, Adv. for
CBI in Item No.8
Mr. Rajeev K. Virmani, Sr. Adv. (Amicus Curiae) with
Mr.Rishabh Bhargava, Adv. in Item No.8
Mr. Naresh Kaushik, Mr. Devik Singh & Mr. Lakshay Juneja,
Advs. in Item No.8
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 01.02.2019 CM APPL.15444/2017 in CONT.CAS(C) 224/2016 CM APPL.9415/2014, 14231/2015 in W.P.(C) 1091/2013 CRL. M.A.18506/2013, 13869/2014, 14366/204, 11196/2015 in W.P.(CRL) 1549/2009 Even though a counter affidavit has been filed on behalf of Ministry of Home Affairs, Government of India and it is indicated to us that a notification has been issued on 03.04.2018 vide Annexure - A to the said affidavit implementing the revised pay scale as per the 6 th Central Government Pay Commission's recommendations, we find that the recommendations have been modified and instead of granting a Grade Pay of Rs.5,400/- in the entry level it has been reduced to Rs.4,800/- and thereafter the Grade Pay of Rs.5,400/- is granted for four years. This change according to the parties has been effected by the Union of India and it is contrary to the earlier recommendation. Justification on the part of the Union of India in modifying the same is not forthcoming. We direct the counsel representing Union of India to take note of the same, indicate to us what was the pay band originally recommended by the Pay Commission and why it has been implemented in the manner as is indicated in the notification dated 03.04.2018.
We are further informed that a coordinate bench of this Court on 03.09.2015 in this case has directed for implementing the recommendations in its totality without any modification and if that be so, why the Grade Pay has been reduced should be indicated by the Government of India along with the justification for the same.
Let an affidavit in this regard be filed by a competent officer of Union of India within four weeks from today.
In the meanwhile, we are informed by Mr. Rahul Mehra, learned Standing Counsel for the Government of NCT of Delhi that the notification issued by the Central Government dated 03.04.2018 is being implemented and given effect to.
That apart, the Registrar General of this Court has submitted his report which indicates that the steps are being taken for providing the sitting space to the prosecutors in various court complexes including the High Court. The Registrar General is directed to expedite exploring the possibility of providing adequate space to the prosecutors in each court buildings and submit an updated report by the next date of hearing.
The Registrar General is also directed to interact with the Director of the Judicial Academy and draw a schedule of programme for training to the prosecutors and submit the same before the next date of hearing.
List on 28.03.2019.
CHIEF JUSTICE V. KAMESWAR RAO, J FEBRUARY 01, 2019/ns