NEW DELHI MUNICIPAL COUNCIL AND ANR vs NARESH VERMA

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 839/2025, CM APPLs. 4121/2025, 4122/2025 & 4123/2025 NEW DELHI MUNICIPAL COUNCIL AND ANR .....Petitioners Through: Mr. Siddhant Nath, Adv. versus NARESH VERMA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL ORDER (ORAL) % 22.01.2025 C. HARI SHANKAR, J. 1. This is yet another case covered by the judgment of the Supreme Court in State of Punjab v Rafiq Masih1 one of the many of which clog the docket of this Court on a daily basis. 2. We are frankly at a loss as to why the executive authorities are not able to come to terms with the judgment in Rafiq Masih rendered over a decade ago in 2014. It is clear, from the number of petitions, covered by Rafiq Masih, with which we are plagued day after day, that the decision is not palatable to the executive. It is time, however, 1 (2015) 4 SCC 334 W.P.(C) 839/2025 Page 1 of 7 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.01.2025 18:39:21 that the executives learn to accept the law laid down by the Supreme Court, which is a constitutional mandate not only under Article 141 but also under Article 144. 3. Nonetheless, these petitions continue to be filed and we continue to have to pass orders disposing them off. 4. The respondent joined the services of the New Delhi Municipal Council2 as Assistant Engineer (Electrical) on 10 July 1991.He was promoted as Executive Engineer and regularized in the said post on 13 March 2008. He was subsequently promoted as Superintendent Engineer with effect from 22 August 2014. An earlier order dated 6 April 2010 whereby the respondents’ pay had been fixed with effect from 28 August 2009 was superseded by the respondents by an order passed nearly ten years thereafter on 2