PRADEEP KUMAR KAPOOR AND ORS. vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2946/2026 & CM APPL. 14200/2026 PRADEEP KUMAR KAPOOR AND ORS. .....Petitioners Through: Mr. Sourabh Ahuja and Mr. Keshav Singh, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Dr. Divya Swamy, SC with Ms. Akriti Singh, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 19.05.2026 OM PRAKASH SHUKLA, J. 1. The present writ petition arises out of order dated 31.01.2025 1 passed in Original Application2 No. 3834/2017, whereby the learned Central Administrative Tribunal3 had allowed the aforesaid O.A. and directed the Respondent to re-fix the Grade Pay of the Petitioners on notional basis and pension order but restricted the arrears to only for three years preceding the date of filing of the said O.A. in light of the decision of the Hon’b1e Supreme Court in Union of India and Others v. Tarsem Singh4. 1 “Impugned order”, hereinafter 2 “OA”, hereinafter 3 “Tribunal”, hereinafter 4 (2008) 8 SCC 648 Signature Not Verified Signed By:GUNN W.P.(C) 2946/2026 Page 1 of 17 Signing Date:21.05.2026 14:38:32 2. The Petitioners have assailed the Impugned Order only to the extent of the direction passed by the learned Tribunal of restricting the benefit to only three years preceding the filing of the underlying O.A. 3. The facts leading to the filing of the O.A. No. 3834/2017 are set out below. 4. The Petitioners were initially appointed as Vaccinators, the post which was subsequently re-designated as Public Health Inspectors5 in the office of the Respondent. 5. As per the office order dated 31.05.2005 issued by the Respondent, the pay scales of the supervisory staff stood revised in terms of the recommendations of the 5th Central Pay Commission6 with effect fr