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Judgment
Sanjiv Khanna, J
It is stated that financial upgradations under the Assured Career Progression Scheme have been granted to the petitioners, except Dev Lal Gurjar,
petitioner No. 14, in whose case his claim for grant of financial upgradation has been rejected.
Three grievances have been raised by the learned counsel for the petitioners. Firstly, orders granting financial upgradations have not been served
upon the petitioners and in the case of petitioner No. 14, the order rejecting grant of financial upgradation has not been communicated. The second
grievance raised by the petitioners is that amounts dues and payable pursuant to the orders passed by the respondents have not been paid. Lastly, it is
submitted that in some cases it appears that grant of financial upgradation is not from the correct date.
Learned counsel for the respondents submits that the orders passed by the respondent authorities will be sent to the respective petitioners under
registered post within a month from the date a copy of this order is received by the respondents. We take the statement made by the counsel for the
respondents on record and direct that the respondents would be bound by the said statement. The respondents would also pay arrears in accordance
with law within a period of three months from the date a copy of this order is received. Belated payments beyond three months would require
payment of interest @ 8% from the date of this order till payment is made.
It would be appropriate and proper that we dispose of the present petition reserving rights of the petitioners to impugn the orders passed by filing
new writ petitions highlighting the facts of that case, rather than permit some of the petitioners to amend the writ petition and challenge the orders
passed.
Accordingly, it will be open to the 14th petitioner, namely, Dev Lal Gurjar to file an independent writ petition challenging the order now passed by
the respondents. Similarly, if any of the petitioners feel that they have been denied benefit of financial upgradation from an earlier date, it will be open
to them to challenge and question the orders passed in accordance with law.
We dispose of the given writ petition with the aforesaid liberty.
We clarify having not expressed any opinion on merits. No order as to costs.
