WP(C)/324/2026 of Dr. Ajit Kumar Ray Vs Union of India and 2 Others on 18 May 2026

O R D E R

18.05.2026

When the case is called, Mr. S. Datta, learned counsel for the petitioner is present in this Court and the petitioner is also present through VC requesting that he would like to appear party in person to represent his case.

In view of the said submission, Mr. S Datta, learned counsel expresses his desire to withdraw his vakalatnama.

Request of Mr. S. Datta, learned counsel for withdrawal of the vakalatnama is permitted.

Registry is directed to delete the name of Mr. S. Datta, learned counsel from the record.

Heard Dr. Ajit Kumar Ray, party in person through V.C. Also heard Mr. B. Majumder, learned Dy.SGI, appearing for the respondents–Union of India.

This instant petition is filed seeking the following reliefs:- “(a). Admit this petition:

(b) Call for the records;

(c) Issue the writ of mandamus or Certiorari to quash and setting aside the impugned order dated 18. 8. 2025; further (d)(i) Directing the respondents to notify the basic pay of the petitioner equivalent to his junior Dr. A.K.Sarkar i.e. Rs.53, 390/-as base, further (ii) Direct to fix per month total pay of petitioner, adding with this basic pay of Rs.53390/- the time to time DA, HRA(@10%, North East Allowance (NEA) @12%, Transport Allowance (TA) and Special Compensatory Allowance (SCA/TCA) (DOPT Rules /Annex-

9) with interest @ 18% (S.K.Dua Vs. state of Haryana and Another, 2008 (3) SCC 44).

e. Issue the writ in the nature of mandamus directing the respondents to promote petitioner to the post of Dean which was upheld on merit by the Hon'ble HC (Delhi) dated 01.08.2019 however rejected by the respondents NIT- dated 02.09.19 and direct to pay all consequential benefits which was paid to other Deans.

f. Pass any orders/orders which is Your Lordship may deem fit and proper and, for this act of kindness, the petitioner, as in duty bound, shall ever pray.”

[7] It is seen from the impugned proceeding dated 18.08.2025, which is under challenge, wherein the respondent(s) has categorically stated in Clause No.5 , which is quoted as under :- “..5. In case of any inconsistence/variation, this office may be approached with requisite details for settlement of dues amicably.”

It is observed by this Court that the writ petitioner despite approaching the respondents and filing his objections, showing variations of the calculations and the settlement of the disputes, the petitioner herein straightaway approached this Court under Article 226 of the Constitution of India for granting reliefs.

It is also observed that the proceeding is of 18.08.2025, conveniently, the petitioner filed this writ petition now in May 2026.

Though, there is a delay as expressed by the petitioner in regard to his age and health condition as senior citizen, this Court, as desired by the petitioner permits him to approach the respondents on or before 20th June, 2026 .

The above request is considered on sympathetic and humanitarian ground in view of his age and health condition which is explained.

Accordingly, this Court permits the petitioner to file any of his objections in terms of clause 5 of the notice dated 18.08.2025 issued by respondent to the petitioner. In the meanwhile, the concerned respondent(s) shall not take any adverse action against the petitioner in pursuance to the notification dated 18.08.2025. Once the objections are received by the respondents on or before 20th June2026, the respondents are at liberty to proceed with the same in accordance with law and pass a reasoned order and communicate the same to the writ petitioner as expeditiously as possible.

In view of the above , this instant writ petition is liable to be dismissed. Accordingly, the same is dismissed. As a sequel, miscellaneous application(s), pending if any, shall stand closed.

DR. T. AMARNATH GOUD, J

Paritosh SABYA SACHI GHOS H Digitally signed by SABYASACHI GHOSH Date: 2026.05.22 11:47:08 +05'30'