W.P.(C) 9296/2017 $~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9296/2017 and CM APPL. 37993/2017 PUNEET AND ANR. .....Petitioners Through: Mr. Sudarshan Rajan, Mr. Hitain Bajaj, Ms. Ria Setiya, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. A.K. Verma, Adv. for ESIC CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE VINOD KUMAR ORDER(ORAL) % 08.07.2026 C. HARI SHANKAR, J. 1. This writ petition assails order dated 1 December 2016 passed by the Central Administrative Tribunal1 in OA 853/2015. 2. The petitioners, who were working as Lab Assistants in the ESIC hospitals, sought enhancement of their pay scale, from ₹ 3200- 4900 to ₹ 4000-6000, which was later revised to ₹ 5200-20200 with Grade Pay of ₹ 2400 pursuant to the recommendation of the Sixth Central Pay Commission. It was specifically pleaded by the petitioners that other Lab Assistants, similarly situated, had been granted the said scale. 3. Mr. Sudarshan Rajan, learned Counsel submits that similar 1 “the Tribunal”, hereinafter Signed By:PRAMOD KUMAR VATS Signing Date:10.07.2026 12:29:31 Signature Not Verified W.P.(C) 9296/2017 employees have been granted the said scale by the Tribunal. 4. The Tribunal has not examined the case set up by the petitioner on merits and has dismissed the OA on the ground that the petitioners had not approached the Sixth and Seventh Central Pay Commissions for relief. 5. We are clear in our mind that failure, on the part of an employee, to approach the Pay Commission does not foreclose his rights to seek parity of pay in accordance with law. 6. Accordingly, we quash and set aside the impugned order dated 1 December 2016. OA 853/2015 is remanded to the Tribunal for decision afresh. 7. As the OA is now of 11 years’ vintage, we direct the parties to appear before the Tribunal on 20 July 2026. Neither of the parties would be permitted to seek adjournment on the said date. 8. We expect the Tribunal to deal with the matter keeping in mind its seniority and the cause involved. 9. We have not expressed any opinion on merits. The writ petition is disposed of in the aforesaid terms. C. HARI SHANKAR, J. VINOD KUMAR, J. JULY 8, 2026/ss Signed By:PRAMOD KUMAR VATS Signing Date:10.07.2026 12:29:31