It is well settled, where a ‘citizen aggrieved’ by an action of Government Department has approached Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended benefit without need for them to go to Court [Amrit Lal Berry v. Collector of Central Excise, New Delhi, (1975) 4 SCC 714]. K.I. Shephard v. Union of India, (1987) 4 SCC 431 reinforced above principle. It was said, though some of excluded employees have not come to Court, there is no justification to penalise them for not having litigated.
We hold, Lt. Col. Suprita Chandel was wrongly excluded from consideration.
– Hon’ble Justice K.V. Viswanathan, Lt. Col. Suprita Chandel v. Union of India, [Civil Appeal No. 1943 of 2022].