GOVT OF NCT OF DELHI vs RAKESH SEMALTY

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7526/2017 GOVT OF NCT OF DELHI .....Petitioner Through: Mr. Sujeet Kumar Mishra, Adv. versus RAKESH SEMALTY .....Respondent Through: Mr. Anil Shrivastav, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 17.01.2025 C. HARI SHANKAR, J. Rules and relevant executive instructions 1. The Fundamental Rules1 and Supplementary Rules2, governing all holders of civil posts and those in civil services under the Union and the States, were issued over a century ago, with effect from 1 January 2022. Article 3133 of the Constitution of India continues, in force, all laws in force immediately prior to the commencement of the Constitution, until any other provision, to that effect, is framed in the Constitution itself. By operation of Article 313, the FRs and SRs 1 FRs 2 SRs 3 313. Transitional provisions. – Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution. Signature Not Verified W.P.(C) 7526/2017 Page 1 of 13 Digitally Signed By:AJIT KUMAR Signing Date:29.01.2025 18:18:19 continue to govern all persons holding civil posts in this country.4 2. The respondent seeks protection of pay, under FR 22(l)(a)(1)5 read with Office Memorandum6 dated 7 August 1989 issued by the Department of Personnel & Training7. The OM dated 7 August 1989 read thus: 4 Security Printing & Minting Corporation of India Ltd v. Vijay D. Kasbe,