SITA RAM Vs. MCD

JUDGEMENT

(1.) FOR the reasons stated in this application, the delay in filing the appeal is condoned. CM stands disposed of.

(2.) ADMIT.

(3.) NORMALLY, when award was rendered on 23.1.2006, it should have been challenged with promptness and without undue delay. However, we find that in the instant case if the Appellants are able to justify the grant of pay scale of Rs.4500-7000, it may affect them for all times to come and in these circumstances instead of dismissing the writ petition on the ground of delay and laches, appropriate course of action would be to mould the relief (if ultimately granted) by denying the arrears of the intervening period to the Appellants. We find that the Appellants have an arguable case which needs consideration on merits. We accordingly allow this appeal and set aside the order dated 21.11.2011 and remand the case back to the learned Single Judge for the decision of the writ petition on merits. As pointed out above, in case the Appellants succeed, it would always be open to the learned Single Judge to mould the relief and deny the arrears of pay for specific period. We also make it clear that we have not expressed our opinion on the merits of the claim made by the Appellants. It would be for the learned Single Judge to determine as to for which period the arrears are to be denied.