GOVT OF NCT OF DELHI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THE petitioner, Government of NCT of Delhi, has challenged the order dated 3rd July, 2009 in OA No.1505 of 2008 partly allowing the petition of the respondents and setting aside the order dated 17th April, 2008 directing the petitioners to reconsider the claim of the respondents for grant of promotion in the higher pay scale and the order dated 04th February, 2010 passed in CP No.613 of 2009 in OA No. 1505 of 2008 granting another opportunity to the petitioner to pass a fresh order within two months dealing with all the observations as stated in the earlier order and that it ought to be a speaking order re- addressing the grievances of the respondents and discharging the contempt notice.

(2.) BRIEF facts to comprehend the controversies between the parties are that the Delhi Fire Service had advertised the post of Fireman/Driver in the pay scale of Rs.1320-2040. After the posts of Fireman/Driver were advertised, a trifurcation scheme was promulgated on 21st March, 1994 providing initial entry to the Fireman/Driver as a driver in Grade-III in the pay scale of Rs.975-1660 and on completion of 10 years of service, consideration of such Fireman/Driver to Grade-II as a Leading Fireman in the pay scale of Rs.1320-2040 and thereafter to the post of Grade-I of Driver/Sub Officer.

(3.) THE respondents challenged the order of the Tribunal dated 1st December, 1999 in OA No.424 of 1996 by filing a Civil Writ Petition No. 4178 of 2000 which was also dismissed on 1st August, 2000 holding that since the respondents had accepted the offer and joined the services on a pay-scale of Rs. 975-1600 and if the respondents were granted a higher pay-scale of Rs. 1300-2040 for the same post that would have amount to a promotion. THEreafter a Special Leave Petition No. 757 of 2001 was filed against the dismissal of the writ petition, which was also dismissed.