COPY OF COURT ORDER ON GR A STUTAS

THE HONERABLE DELHI HIGH COURT ORDER ON GR A STATUS IS REPRODUCED BELLOW :-

1. Learned counsel who appears for the respondents has handed over to

us a copy of an Office Memorandum dated July 03, 2013 as per which the

Matter need not be placed before the Cabinet.

2. In view of the discussion which took place in the Court learned

counsel states that he would impress upon R-1 to ensure that the matter

is placed before the Cabinet for a decision and while so doing SO

No.946(E) dated April 09, 2009 as also the O.M. dated April 17, 2009

issued by DOPandT shall be placed before the Cabinet.

3. In view of the fact that CAG has been supporting the stand of the

petitioners who are the employees and the association of the employees of

W.P.(C) 2698/2013 Page 1 of 2

the CAG and keeping in view the DOPandT circulars which prima facie tend to

support the stand taken by the petitioners we direct that three separate

counter affidavits be filed by each of the three respondents for the

reason that there may be a conflict of interest.

4. Counter affidavits be filed a week prior to the next date of

hearing.

5. Renotified for September 10, 2013.

6. Dasti to learned counsel for the respondents.

PRADEEP NANDRAJOG, J.

V. KAMESWAR RAO, J.

JULY 04, 2013 mm

LATEST DEVELOPMENT OF THE COURT CASE ON GR A STATUS

Our Writ Petition (Civil) 2698 of 2013 for Conferment of Group “A” status to Sr.AOs seeking “mandamus” to the respondents came for hearing today before the Delhi High Court. The Government Counsel informed that it was decided by the Department of Expenditure not to put a note to the Cabinet in this regard.  This was vehemently opposed by our counsel. Our Counsel intimated that DOPT in its notification dated 9th April 2009 placed Officers in PB 3 Grade Pay of 5400 in Group ‘A’ and further in its notification dated 17th April 2009 the DOPT had requested the other departments to write within a period of 3 months if they want exclusion from this notification. But C&AG did not write any letter during that period. Further our Counsel argued that the common affidavit by all the respondents in this case would not be in order. After a lively debate, the Delhi high court directed the Finance Ministry to submit a Cabinet note and come out with a separate affidavit on behalf of the Ministry on 10th September. The court further directed the other two respondents also to come with a separate affidavit by C&AG and DOPT before September 10th in this regard.

We expect to receive the detailed interim order of the Delhi High Court in due course in this regard