Rakesh Kumar v. Union Of India & ORS

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11409/2019 RAKESH KUMAR ..... Petitioner Through:

Mr. K.K. Sharma and Mr. Naman Gupta, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Kamal Kant Jha, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 30.10.2019 C.M. APPL. 46931/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 11409/2019

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

3. The prayer in the present petition stands covered by the decision dated 13th September, 2019, as modified by order dated 18th September, 2019, of this Court in W.P.(C) 8203/2019 (Ex-Constable 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 as applicable with effect from 1st January, 2006 onwards;

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(ii) The Petitioner will be placed in the appropriate pay scale of SI/HC etc. as the case may be (for eg. In the case of SIs Rs.9300 - 34800 with grade pay of 4200) from the date of completion of 20 years of regular service (iii) The benefit of the 3rd MACP will be given to the Petitioner by granting him the grade pay of Rs. 4600 from the date on which the Petitioner completed 30 years of regular service i.e. 28th June, 2015 (iv) The appropriate orders will be issued and the arrears will be paid to the Petitioner within a period of 12 weeks, failing which the Respondents would be liable to pay simple interest at 6% per annum on the arrears of period of delay.

5. The petition is disposed of in the above terms. S. MURALIDHAR, J.

TALWANT SINGH, J.

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