Union Of India And Anr. vs Mam Chand

Court
Delhi High Court

$~30 to 34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 03.09.2026
# CNR No. DLHC010645702024
+ W.P.(C) 13430/2024 CM APPL. 56136/2024
UNION OF INDIA AND ANR.
.....Petitioners
Through: Mr. Satya Ranjan Swain CGSC with
Mr Kautilya Birat GP and Mr Sanskar
Gupta with Mr Tushar Hazrati,
Advocates.
versus
MAM CHAND
.....Respondent
Through: Mr Yogesh Sharma, Ms. Sonika and
Mr Piyush Sharma, Advocates.
# CNR No. DLHC010156552024
+ W.P.(C) 4443/2024 CM APPL. 18226/2024
UNION OF INDIA & ANR.
.....Petitioners
Through: Mr. Himanshu Pathak, SPC along
with Mr Mohit Gupta, Advocates
versus
BAL KISHAN & ORS.
.....Respondent
Through: Mr Yogesh Sharma, Ms Sonika and
Mr. Piyush Sharma, Advocates.
# CNR No. DLHC010218222024
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 1 of 7

+ W.P.(C) 5814/2024 CM APPL. 24074/2024
UNION OF INDIA THROUGH SECRETARY
DEPARTMENT OF POSTS & ORS.
.....Petitioners
Through: Mr. Himanshu Pathak, SPC along
with Mr. Mohit Gupta, Advocates.
versus
RAM SAGAR
.....Respondent
Through:
# CNR No. DLHC010322382024
+ W.P.(C) 7735/2024 CM APPL. 32101/2024
UNION OF INDIA & ORS. .....Petitioners
Through: Mr. Vivek Goyal, Advocate, CGSPC
Mr. Aryan Aggarwal, Adv.
versus
VINOD DUTT SHARMA & ORS. .....Respondents
Through: Mr Yogesh Sharma, Ms Sonika and
Mr. Piyush Sharma, Advocates.
# CNR No. DLHC010353102024
+ W.P.(C) 8530/2024 CM APPL. 35001/2024
UNION OF INDIA & ANR. .....Petitioners
Through: Mr. Vivek Goyal, Advocate, CGSPC
Mr. Aryan Aggarwal, Adv.
versus
SH. DHARAMVIR SINGH .....Respondent
Through: Mr. Yogesh Sharma, Ms. Sonika and
Mr. Piyush Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 2 of 7

V. KAMESWAR RAO, J. ( ORAL )
1. These writ petitions have been primarily filed by the petitioners with
the following prayers:
In W.P.(C) 13430/2024
“(i) issue an appropriate writ, order or direction thereby
setting aside the Impugned Orders dated 15.04.2024 and
11.11.2022 passed by the Hon’ble CAT, (PB) New Delhi, in RA
No. 75/2023 and OA No. 112/2017 titled “Union of India &
Ors. Vs Mam Chand”; and/or
(ii) Pass any such other or further orders in the interest of
justice as this Hon’ble Court may deem fit and proper in favour
of the Petitioners”
In W.P.(C) 4443/2024
“a. issue the Writs/Orders/Directions in nature of certiorari,
thereby quashing or setting aside the order/judgment dated
29.05.2023 and 07.12.2023 of the Central Administrative
Tribunal, Principal Bench, New Delhi in Original Application .
No. 2494 of 2019 and in Review Application No. 154 of 2023
respectively titled "Sh. Bal Kishan and Ors Versus Union of
India & Anr.”
In W.P.(C) 5814/2024
“a. Issue the Writs/Orders/Directions in nature of Certiorari,
thereby quashing or setting aside the order/judgment dated
29.05.2023 passed by the Central Administrative Tribunal,
Principal Bench, New Delhi (hereinafter referred as tribunal)
in Original Application No. 820 of 2022 titled titled "Sh. Ram
Sagar Versus Union of India &Ors”
In W.P.(C) 7735/2024
“(i) issue an appropriate writ, order or direction thereby
setting aside the Impugned Order dated 02.12.2023 passed by
Principal Bench of Ld. CAT, New Delhi, in OA No. 2003/2021
Tilted "Vinod Dutt Sharma & Ors vs Union of India & Ors;
and/or
(ii) Pass any such other or further orders in the interest of
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 3 of 7

justice as it may deem fit and proper in the facts and
circumstances of the present case.”
In W.P.(C) 8530/2024
“(i) issue an· appropriate writ, order or direction thereby
setting aside the Impugned Order dated 31.01.2023 passed by
Principal Bench ofLd. CAT, New Delhi, in OA No.27/2017, Sh.
Dharamvir Singhvs Union of India&Anr.;
and/or
(ii) Pass any such other or further orders in the interest of
justice as it may deem fit and proper in the facts and
circumstances of the present case.”
2. In fact, the challenge in these petitions is primarily to the orders
passed by the Central Administrative Tribunal, allowing the original
applications filed by the respondents herein and dismissing the review
petitions (in some cases) filed by the Union of India. In substance, the
Tribunal has granted relief to the respondents by directing the grant of
financial upgradation.
3. At the outset, it may be stated here that we had decided a similar issue
in W.P.(C) 11957/2023, Union of India and Ors. v. Kapoor Singh on
04.08.2026 by dismissing the writ petition filed by the Union of India and
Others by stating in paragraphs 2, 3, 4 and 5 as under:
“2. The learned counsel for the respondent state that an
identical issue was the subject matter of a civil appeal and
SLPs before the Supreme Court, which include Civil Appeal no.
4432/2019 and SLP(C) nos. 11997/2019, 26561/2019,
24722/2019, 23649/2019, 611/2020, 1123/2022, 14072/2022,
23334/2022, 3215/2025, 18660/2025, 18655/2025, 27356/2025,
38239/2025 and 3701-3703/2026 wherein the Supreme Court
has dismissed the Civil Appeal No. 4432/2019, Union of India
& Ors. v. E Sreeramulu.
3. The learned counsel for the petitioners though seeks some
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 4 of 7

time to look into this aspect and take instructions, we are of the
view that the same may not be necessary since the Civil Appeal
No. 4432/2019 has been dismissed, more so, there is no denial
to the fact that the said appeal and the connected SLPs relate to
the same issue i.e., whether the appointment as Postman should
be construed as vide direct recruitment or promotion. The
conclusion drawn is that the appointment as Postman is by way
of a direct recruitment. It is also necessary to state here that on
12.09.2023, we had passed the following order in the present
writ petition:-
“1. Learned counsel appearing for the petitioners
submits that issue which falls for decision in this petition
is also pending consideration before the Supreme Court
in SLP (Civil) No. 26561/2019. In fact, certain matters
including W.P.(C) 7504/2013 titled as Laxmi Dutt
Kaushik v. Union of India and Ors. and connected
petitions have been directed to be adjourned sine die.
2. Issue notice to the respondent returnable on March 21,
2024.
3. Till the next date of hearing, there shall be stay of the
impugned Order dated January 31, 2023 passed in O.A.
No. 116/2021.”
4. The orders as handed over to us by learned counsel for the
respondent would also show that SLP(C) no. 26561/19 has also
been decided by the Supreme Court whereby the Supreme
Court has allowed the said appeal by stating in the order dated
24.02.2026 as under:-
“1) Leave granted.
2) In consequence of the aforesaid order of dismissal of
Civil Appeal No. 4432 of 2019 and connected matters,
the impugned orders of the respective High Courts stand
set aside. Consequently, these appeals stand allowed with
direction to the respondents to comply with the order of
the Central Administrative Tribunal as expeditiously as
possible, not later than three months. Pending
application(s), if any, shall stand disposed of.”
5. If that be so, the present writ petition filed by the petitioners
being covered by the orders of the Supreme Court, the same is
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 5 of 7

liable to be dismissed. We order accordingly.”
4. Though, Mr. Satya Ranjan Swain learned Central Government
Standing Counsel for the petitioners would submit that in Union of India &
Ors. v. E Sreeramulu, Civil Appeal No. 4432/2019 and other connected
matters, the Supreme Court left the question of law open and as such
determination by the Central Administrative Tribunal or this Court in
different writ petitions shall have no applicability and the issue needs to be
considered afresh.
5. We are unable to agree with the said submission by Mr. Swain, more
particularly, when on a specific query to Mr. Swain whether the petitioners
have implemented the orders of the Supreme Court in Union of India v. E
Sreeramulu (supra) and in Union of India & Ors. v. Suresh Chander
Sharma & Ors. , W.P.(C) 7757/2016 decided on 25.03.2026, Union of
India & Ors. v. Naresh Chand Sharma & Ors. W.P.(C) 11120/2023
decided on 28.03.2026 and also Union of India and Ors. v. Kapoor Singh ,
W.P.(C) 11957/2023 decided on 04.08.2026, the answer is in the
affirmative.
6. If that be so, when the Supreme Court and this Court were concerned
with the same department i.e., Department of Post and also the employees
are similarly placed like the respondents herein, a different view cannot be
taken. For parity of reasons, we dismiss the writ petitions being without any
merit.
7. The orders of the Central Administrative Tribunal shall be
implemented within a period of 8 weeks from today and if the benefits are
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 6 of 7

not released within three months, interest at the rate of 8% shall be paid to
the respondents.
8. The pending applications are also dismissed as having become
infructuous.
V. KAMESWAR RAO, J
MANMEET PRITAM SINGH ARORA, J
SEPTEMBER 03, 2026
rt
Signature Not Verified
Signed By:PRADEEP
SHARMA
Signing Date:07.09.2026
15:10:16
W.P.(C) 13430/2024 & Ors. Page 7 of 7