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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8574/2024
SH. NAGENDRA ..... Petitioner
Through: Mr Sanjay Saraswat and Mr. Ashok
Kumar, Advocates
versus
LT. GOVERNOR OF DELHI & ORS ..... Respondent
Through: Mr. Gaurav Dhingra and Mr.
Shashank, Advocate for R-1 and 2.
Mr.Mohinder J. S. Rupal, Advocate
for DU
Mr. Anurag Dayal Mathur, Advocate
for R-4
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 31.05.2024
(The proceeding has been conducted through Hybrid Mode)
1. This is a writ petition under Article 226 of the Constitution of
India, 1950, seeking inter alia the following reliefs:-
“[a] Issue a writ of mandamus and direct the Respondent No.1,
2 and 4 to release and pay to the Petitioner the arrears of pay
upon fixation of his pay vide Office Order dated 23.05.2022 by
the Respondent No.4 on account of promotion of the Petitioner
from the post of Assistant Professor in Senior Scale to Assistant
Professor in Selection Grade and promotion from the post of
Assistant Professor in Selection Grade to Associate Professor;
And
[b] Issue a writ of mandamus and direct the Respondent No. 1,
2 and 4 to pay to the Petitioner upto date interest @ 18% per
annum w.e.f the date of accrual till the date of payment of the
aforesaid arrears of pay; and”
2. At the outset, Mr. Dhingra, learned counsel appearing for the
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respondent no.2/Directorate of Higher Education submits that though
the petitioner has claimed to have submitted the representations to the
respondent nos. 3 and 4, however, no representation has ever been
tendered to the Directorate of Higher Education/ respondent no.2. He
submits that in case the petitioner submits any such representation, the
same shall be disposed of as per alw.
3. In view of the aforesaid submission, instead of directing the
petitioner now to give fresh representation, let the present writ petition
along with all its documents be treated as representation by the
Directorate of Higher Education/respondent no.2.
4. The Competent Authority of respondent no.2 is directed to
consider the present writ petition as a representation and shall dispose
of the same in accordance with law. The petitioner shall be given an
opportunity of hearing apart from the fact that he shall also be entitled
to file any such additional document in support of the present issue
before the Competent Authority. The date, time and venue of such
consideration shall be communicated to the petitioner well in advance.
5. The representation be disposed of within a period of eight
weeks. It goes without saying that the order shall be reasoned and
speaking one. The copy of the same shall be furnished to the
petitioner within one week from passing of the such order.
6. Needless to observe that the petitioner would be at liberty to
challenge the same, should the need arise.
7. The petition is disposed of with no order as to costs.
TUSHAR RAO GEDELA, J
MAY 31, 2024/ms
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 03/06/2024 at 11:47:33