Prathibha Malik vs. Anshuli Arya

COURT NO.3

SECTION XII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL)..@ Diary No(s). 17736/2024

(Arising out of impugned final judgment and order dated 12-07-2023 in CP No. 1236/2023 passed by the High Court of Judicature at Madras)

PRATHIBHA MALIK & ORS.

Petitioner(s)

VERSUS

ANSHULI ARYA & ANR.

Respondent $(s)$

( IA No.115190/2024-CONDONATION OF DELAY IN FILING and IA No.115188/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WTTH

SPECIAL LEAVE PETITION (CIVIL)..@ Diarv No(s). 17971/2024 (XII)

(IA No.119588/2024-CONDONATION OF DELAY IN FILING and IA No.119587/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.119589/2024-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.118172/2024-APPLICATION FOR TAKING ON RECORD )

Date: 17-05-2024 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANDEEP MEHTA

For Petitioner(s) Mr. Aman Jha, AOR Mr. Rishi Tutu, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 17736/2024

1. Delay condoned.

Simon Learned counsel for the petitioners states that the order Tized 09.04.2009 has not been complied with by the respondents in $\ddot{\texttt{m}}$ ts true spirit. It is submitted that though the petitioners were directed to be given the pay scale, at least at par with the Assistant Director in the pay scales of Rs.7,500/- to Rs.12,000/-, the same has not been done.

3. A perusal of the order would reveal that the learned Judges of the High Court have recorded that the respondents have issued an order dated 23.06.2023. By the said order, the petitioners have been equated to the post of Assistant Director with effect from various dates like 09.04.2009, 03.06.2005 and 04.12.2006. Once the petitioners are given promotion to the post of Assistant Director (Languages) with a particular date, they would also be entitled to pay scales in the cadre which is applicable to the post of Assistant Director from the date on which they are given promotion. 4. With these observations, the special leave petition stands disposed of.

5. Pending application(s), if any, shall stand disposed of.

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 17971/2024

1. Permission to file special leave petition is denied.

2. The petitioners are at liberty to take such steps as are permissible in law.

(NARENDRA PRASAD) (ANJU KAPOOR) DEPUTY REGISTRAR COURT MASTER