UNION OF INDIA & ORS. vs SHRI SIHOR RAM EX SSE GROUP C

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 17921/2024, CM APPLs. 76253/2024 & 76254/2024 UNION OF INDIA & ORS. .....Petitioner Through: Ms. Suruchi Mittal, Adv. versus SHRI SIHOR RAM EX SSE GROUP C .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 17.01.2025 C. HARI SHANKAR, J. 1. This is yet another case which is covered by the judgment of the Supreme Court in State of Punjab v Rafiq Masih1, and which has been dragged to this Court. 2. The respondent was appointed as Technician in the grade of ₹ 950-1500 on 15 October 1989. He was promoted as Fitter in the grade ₹ 1200-1800 w.e.f. 1 August 1996 and further as Junior Engineer in the grade of ₹ 5000-8000 w.e.f. 7 January 1998 and SSE in the grade of ₹ 6500-10500 w.e.f. 28 March 2008, which was further reversed to the Pay Band of ₹4600/-. He superannuated on 31 July 2018. At the time of fixation of his pension, his basic pay was reduced from ₹ 1 (2015) 4 SCC 334 3. It is nobody’s case that the respondent was complicit or responsible in any way for the erroneous fixation of his pay in the grade of JE-II on 7 January 1999. 4. Consequent on the aforesaid re-fixati