UNION OF INDIA AND ORS vs ASHOK K MANCHANDA

Judgment text excerpt

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19.03.2025 + W.P.(C) 3381/2025 UNION OF INDIA AND ORS .....Petitioners Through: Dr. Vijendra Singh Mahndiyan, CGSC with Mr. Abhilekh Tiwari, Adv. versus ASHOK K MANCHANDA .....Respondent Through: Respondent (through VC). CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (ORAL) CM APPL.15984-85/2025 (Exemption) 1. Allowed, subject to all just exceptions. W.P.(C) 3381/2025 & CM APPL. 15983/2025 2. This petition has been filed by the petitioner, challenging the Order dated 3.08.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in Original Application (OA) No. 1427/2017 titled ‘Ashok K. Manchanda v. Union of India & Ors.’, partially allowing the OA filed by the respondent herein and directing the petitioner to take action to step up the pay of the respondent so as to remove the Signature Not Verified Signed By:VIJAYA W.P.(C) 3381/2025 Page 1 of 5 LAKSHMI DOBHAL Signing Date:26.03.2025 10:49:18 anomaly wherein juniors were drawing more pay than the respondent. 3. Briefly stated, the respondent had approached the learned Tribunal by contending that he had been promoted to the rank of Commissioner of Income Tax vide the Order dated 23.06.2001. On promotion, he was transferred from the post of Additional CCIT, Faridabad and posted as Commissioner of Income Tax at Allahabad. The petitioner contended that he was not relieved by his supervisory officer at Faridabad due to administrative exigencies of office work and was finally relieved only on 29.06.2001. Since 30.06.2001 and 01.07.2001 were holidays, being Saturday and Sunday, he could join the new place of posting on 02.07.2001. As he could join