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2026 DAILYLAW 20823 (DEL)

FEDERATION OF INDIAN PHARMACISTS ORGANISATION & ANR. v. UNION OF INDIA & ANR.

W.P.(C)/14057/2026 · 2026-09-30

C Hari Shankar, Nivedita Anil Sharma

Writ Petition (Civil)body2026

Judgment text

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W.P.(C) 14057/2026 $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010456262026 + W.P.(C) 14057/2026 FEDERATION OF INDIAN PHARMACISTS ORGANISATION & ANR. .....Petitioners Through: Ms. Ridhima Goyal and Mr. Azal Owais Khan, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Syed Abdul Haseeb, CGSC with Mr. Kartik Sharma, GP with Mr. Muhammad Aamir Khan and Mr. Srikrishna Kumar Yadav, Advs. for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MS. JUSTICE NIVEDITA ANIL SHARMA ORDER (ORAL) % 30.09.2026 C. HARI SHANKAR, J. 1. The prayer clause in OA 2610/2017, which has come to be disposed of, by the Central Administrative Tribunal1, by the impugned judgment dated 12 March 2026, reads as under: “The applicants through this Original Application, are most humbly seeking for following direction from this Hon’ble Tribunal to the Respondent: (i) to quash and set aside the award dated 13.03.2004 passed by the Learned Arbitrator to the extent that it has denied up-gradation of pay scales to the applicants from 4500-7000 to 5000-8000. 1 “the Tribunal” hereinafter Digitally Signed By:AJIT KUMAR Signing Date:02.10.2026 13:02:48 Signature Not Verified W.P.(C) 14057/2026 (ii) upgrade the initial pay scales for the post of Pharmacists from Rs.4500-7000/- to pay scale of Rs.5000- 8000/- w.e.f. 01.01.1996 with arrears and its replacement scale under the 6th CPC in Pay Band 9300-34,800/- with Grade Pay 4200/- and consequent fixation under 7th CPC. (iii) pass any other or further relief as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.” 2. The Tribunal has, in the impugned order, only addressed prayer (i) in the OA, and has correctly held that an award passed in arbitral proceedings cannot be challenged by way of an original application before the Tribunal. 3. As there is no consideration independently of prayers (ii) and (iii), we have called upon Mr. Syed Abdul Haseeb, learned CGSC for the respondents to take instructions from the department as to whether we could remand this matter to the Tribunal to independently take a decision on prayers (ii) and (iii). 4. Mr. Haseeb very fairly submits that the respondents have no objection to the said course of action. 5. Accordingly, we dispose of the writ petition by remanding OA 2610/2017 to the Tribunal to take a decision on prayers (ii) and (iii) in the OA. 6. All questions of fact and law would remain open for being agitated before the Tribunal. Digitally Signed By:AJIT KUMAR Signing Date:02.10.2026 13:02:48 W.P.(C) 14057/2026 7. We make it clear that we have not expressed any opinion on the merits of the issues under consideration. 8. In order to expedite matters, we direct the learned Counsel for the parties to appear before the Tribunal on 14 October 2026. 9. Neither side would be entitled to take adjournment on the said date. As the OA is of 2017 vintage, we request the Tribunal to deal with it as expeditiously as possible. 10. The writ petition is disposed of in the aforesaid terms. C. HARI SHANKAR, J. NIVEDITA ANIL SHARMA, J. SEPTEMBER 30, 2026/aky Digitally Signed By:AJIT KUMAR Signing Date:02.10.2026 13:02:48