New Delhi, Jul 5 (PTI)The Delhi High Court has dismissed a petition by the former chairperson of the Delhi Minorities Commission Dr. Zafarul Islam Khan seeking directions for the grant of the benefits under a 2018 cabinet decision enhancing the salary to the post to Rs two lakh per month.

Justice V Kameswar Rao said there was no merit in the petition and noted that the petitioner, who demitted the office on July 19, 2020, did not challenge a 2021 Delhi government notification that stipulated that the amended salary shall come into effect on the date of the notification and have a prospective effect.

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“Rules 3 and 4 of the DMC Rules, 2000 provided a consolidated salary of ?18,000/- per month to the Chairperson… The petitioner has not challenged the vires of the notification dated June 09, 2021, since the said notification vide Rule 1 (2) clearly stipulates that the amendment to Rule 3 of the Rules of 2000 shall come into effect on the date of the notification in the Delhi Gazette...I do not see any merit in the petition. The same is dismissed,” stated the court in its order dated June 4.

" In the present case, the respondent has justified the issuance of notification for reasons highlighted in paragraph 29 above. It appears that pursuant to Cabinet Decision No. 2600 dated July 17, 2018, the administrative process has resulted in the issuance of the notification only in the year 2021.

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"Mr. (MR) Shamshad (lawyer for the petitioner) has not contested those reasons highlighted by the respondent. Hence, the issuance of notification in the year 2021 cannot be contested or set to naught. It so happened that the petitioner had demitted the office by the time (i.e., on July 19, 2020), the notification was issued and as such he could not get the benefit of the notification for enhanced consolidated salary," the order said,

In the petition, the former DMC chairperson contended that he was not given the benefit of the notification concerning the enhancement of salary on a consolidated basis and the same was illegal and arbitrary.

The petitioner sought directions to ensure that the Delhi government gives effect to its cabinet decision dated July 17, 2018, from the same date and grants to him all consequential benefits, including HRA and leave encashment.

He contended that legal rights emanated from the resolution of the Cabinet and there was the denial of equal treatment and discriminatory implementation in the present case.

Delhi government said that the notification of June 9, 2021, issued by the Department of Revenue, was prospective and not retrospective and the cabinet decision nowhere directed or decided that the revised salary and other perks shall be from the date of the said decision and not the notification. PTI ADS

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