Head Constable Vijay Kumar v. Union Of India And ANR.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12903/2019 HEAD CONSTABLE VIJAY KUMAR (RETD.) ..... Petitioner Through:

Mr. Pankaj Mehta, Mr. Pramod Kalirana and Ms. Shweta Soni, Advocates.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Ms. C. Godarh and Mr. Jivesh Kumar Tiwari, Advocates for R-2.

Mr. Rajat Jain, Advocate for R-1.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 06.12.2019 C.M. APPL. 52690/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 12903/2019

2. Notice. Notice is accepted by learned counsel for the Respondents.

3. The prayer in the present petition stands covered by the decisions of this Court dated 1st May, 2019 in W.P.(C) 3549/2018 (Sunil Kumar Tyagi v. Union of India), and 13th September, 2019, as modified by order dated 18th September, 2019, of this Court in W.P. (C) 8203/2019 (Ex. HC/GD Prahalad v. Union of India and batch).

4. Accordingly, the petition is allowed with the following directions:- (i) The benefit of the 2nd MACP will be given from the date of completion of 20 years of service by treating the MACP scheme as applicable with effect 1st January 2006 onwards;

(ii) The above benefit will be given by placing the Petitioner by placing him in the pay scale of SI (pre-revised); and, (iii) The appropriate revised pension orders will be issued and the arrears will be paid to the Petitioners within a period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears for the period of delay.

S.MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 6, 2019 pa