UNION OF INDIA AND ORS. vs SUBHASH KUMAR GHOSH AND ORS.

Judgment text excerpt

$~2 & 3 (SPL. DB) * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM APPL. 3055/2025, CM APPL. 3056/2025, CM APPL. 3057/2025 & REVIEW PET. 28/2025 IN W.P.(C) 6587/2015 UNION OF INDIA AND ORS. .....Petitioner Through: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra and Mr. Ashish Choudhary, Advocates for UOI. Mr. Sushil, Senior Panel Counsel for UOI. versus SUBHASH KUMAR GHOSH AND ORS. .....Respondents Through: Ms. Sumita Hazarika and Ms. Masi Mehta, Advocates. + CM APPL. 3058/2025, CM APPL. 3059/2025, CM APPL. 3060/2025 & REVIEW PET. 29/2025 IN W.P.(C) 4948/2016 UNION OF INDIA & ORS. .....Petitioner Through: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra and Mr. Ashish Choudhary, Advocates. versus ARUP KUMAR PATRA & ANR .....Respondents Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE GIRISH KATHPALIA ORDER (ORAL) % 17.01.2025 C. HARI SHANKAR, J. 1. After hearing Mr. Sandeep Mishra, learned Counsel for the Union of India, as the review petitioner, at some length, we find that Signature Not Verified REVIEW PET. 28/2025 in W.P.(C) 6587/2015 and another connected matter Page 1 of 3 Digitally Signed By:AJIT KUMAR Signing Date:20.01.2025 16:18:42 the only substantial case that he has raised is that there are divergent views with respect to whether the financial upgradation granted to the respondents in the present case would be liable to be treated as a promotion or as a mere financial upgradation. 2. This Court has, in the judgment under review, concurred with the Central Administrative Tribunal1 in its view that it can only be treated as a mere financial upgradation. Inter alia, in arriving at the said decision, the Court has relied on the judgment of the Madras Bench of the Tribunal in the case of one V. Venkataraman, which was upheld by the High Cou