BRIJ KISHORE GUPTA THROUGH HIS LEGAL HEIRS/REPRESENTATIVES vs GOVT. OF NCT OF DELHI AND ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26.11.2025 + W.P.(C) 2105/2024 BRIJ KISHORE GUPTA THROUGH HIS LEGAL HEIRS/REPRESENTATIVES .....Petitioner Through: Mr.Sourabh Ahuja, Adv. versus GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Ms.Yeeshu Jain, ASC with Ms.Jyoti Tyagi, Ms.Vishruti Pandey and Ms.Arpita Goyal, Advs. along with Mr.B.S. Rawat, CI/DTTE CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner, challenging the Order dated 09.11.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No. 1637/2018, titled Brij Kishore Gupta Through His Legal Heirs/Representatives v. Govt. of NCT of Delhi through Chief Secretary & Ors., to the limited extent that it has restricted the re-fixation of the pay of the petitioner, who is being represented by his legal representatives, only on a notional basis, if he is found entitled and suitable for promotion to the Selection Grade with effect from 10.02.2005. The petitioner also prays for other consequential benefits arising from the same. 2. The learned counsel for the petitioner submits that no reason has been assigned by the learned Tribunal for not granting the actual Signature Not Verified Digitally Signed W.P.(C) 2105/2024 Page 1 of 3 By:REYMON VASHIST Signing Date:29.11.2025 16:24:46 benefits to the petitioner. He submits that in similar circumstances, this Court in Union of India & Anr. v. Dr.Anjum N. Rizvi, 2022:DHC:3306-DB, had dismissed the petition filed by the respondents herein, observing that there had been no delay on the part of the officer in approaching the learned Tribunal and, therefore, the actual benefits c