$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010361312026 + W.P.(C) 11225/2026 NETRAPAL SINGH .....Petitioner Through: Mr. Nikunj Arora, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Ayush Gaur, SPC with Ms. Ridhi Kapoor, Ms. Shivranjani, Mr. Varun Parashar, Ms. Sonal Arun alonwith GP Mr. Akash Kumar Singh. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 08.09.2026 1. It is the contention of the learned counsel for the petitioner that the issue is squarely covered by the judgment dated 9th September, 2024 passed by a Division Bench of this Court in W.P(C) 690/2022 in the matter of Sushil Kumar v. Union of India and Ors. 2. The case of the petitioner is in regard to grant of Non-functional upgradation in the Grade Pay of Rs. 5400/-. 3. The counsel for the respondent has two folds resistance: (a) That the Court at Delhi lacks territorial jurisdiction as the petitioner was posted and worked in the State of Assam. (b) That the organizational set up does not prompt the applicability This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:30:41 of benefit granted by the Madras High Court in W.P.(C) 13225/2010 titled as “M. Subramaniam v. UOI”. 4. We have considered the aforesaid objections in the light of division Bench judgment dated 9th September, 2024 delivered in the case of Sushil Kumar (supra) 5. The judgment in the matter of Sushil Kumar (supra) was questioned by the respondent before the Apex Court and the Hon’ble Apex Court has upheld the decision of this Court while dismissing the SLP (Civil) diary No.13406/2025 of the respondent vide order 17th April, 2025. 6. As such, in our judgment, the matter of Sushil Kumar (supra) has attained finality and in such eventuality having regard to the fact that the respondent/employer in Sushil Kumar’s case and this case even if not similar, in the matter of Naveen Kumar vs. Union of India & Ors. in W.P(C)7247/2026 decided on 22nd May, 2026, this Court has already applied the judgment in the matter of Sushil Kumar (supra) to the respondent, who is the employer in the present case also. 7. In the aforesaid background, functional disintegrity sought to be canvassed by the respondent for differentiating the judgment cannot be accepted. 8. In that view of the matter, the writ petition stands allowed. 9. It is declared that the issue is squarely covered by the Division Bench judgment of this court in the matter of Sushil Kumar (supra). 10. Accordingly, appropriate order passing on the benefit to the petitioner be issued within a period of 8 weeks from today by extending all the admissible benefits in accordance with law. 11. The petition stands allowed in above terms. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:30:41 12. Pending application(s), if any, also stands disposed of. 13. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 8, 2026/nk/sg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 11:30:41