UNION OF INDIA AND ORS vs GHANSHYAM VASHISHT

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23.07.2025 + W.P.(C) 10081/2025 & CM APPL. 41840/2025 UNION OF INDIA AND ORS .....Petitioners Through: Mr.Sushil Kr. Panday, SPC versus GHANSHYAM VASHISHT .....Respondent Through: Mr.Ankur Chhibber with Mr. Nikunj Arora, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioners, challenging the Order dated 28.11.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in O.A. No. 2436/2022, titled Ghanshyam Vashisht & Ors. vs. Union of India and Anr., whereby the learned Tribunal allowed the said O.A. filed by the respondent herein and set aside the Office Order dated 01.02.2022 issued by the petitioners. The learned Tribunal, by the Impugned Order, has further directed that the respondent shall be entitled to Grade Pay of Rs.5400 in Pay Band-3 from the date of completion of four years of service in the Grade Pay of Rs.4800, along with all consequential benefits. 2. By the said Office Order, the petitioners had denied the benefits Signature Not Verified Digitally Signed WP(C) 10081/2025 Page 1 of 11 By:REYMON VASHIST Signing Date:28.07.2025 19:59:39 of Non-Functional Upgradation (NFU) in the Grade Pay of Rs.5400 in Pay Band-3 to the respondent from the date of completion of four years in the Grade Pay of Rs.4800. 3. The limited challenge of the petitioners to the Impugned Order is that the learned Tribunal has erred in placing reliance on the Judgment of the Madras High Court in M.Subramaniam v. Union of India & Ors., (in W.P. 13225/2010) and of this Court in Sushil Kumar v. Union of India & Ors., 2024:DHC:6969-DB. 4. The learned counsel for