High Court of DelhiW.P.(C)/455/2019

Mahadev R. Mujumle And ORS. v. Union Of India And ORS.

2019-01-18Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 455/2019 MAHADEV R. MUJUMLE & ORS.

..... Petitioner Through:

Mr. K.K Sharma, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Gaurav Rohilla, Sr. Govt Counsel for Respondents No.1-4

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 18.01.2019 CM APPL. 2078/2019 (Exemption)

1. Exemption allowed, subject to all just exceptions. W.P.(C) 455/2019

2. This writ petition has been filed by the Petitioners No.1 to 9 who all joined the CRPF as Constables in 1983, with the exception of Petitioner No.5 who joined in 1982. All the Petitioners were subsequently promoted, Petitioner Nos.1 to 4 to Sub-Inspector; Petitioner No.5 to Assistant Sub-Inspector; Petitioner No. 6 to 8 to Inspectors; and Petitioner No.9 to Head Constable/GD, and retired from service in 2017-2018. The petition prays for a direction to be issued to the Respondents to correctly fix the Petitioner's pay in the scale of Rs.10,320/- plus grade pay of Rs.4,200/- instead Rs.9,300 plus grade pay of Rs.4,200/- upon their completion of 24 years of service, and grant them the arrears due along with subsequent benefits arising therefrom. W.P(C) 455 of 2019 Page 1 of 2

3. The issues raised are no longer res integra and have been considered in a number of decisions of this Court. The most recent is the decision dated 12th November 2018 of this Court in W.P.(C) 9893/2018 (Rajbir Singh v. Union of India).

4. The earlier decisions of this Court in W.P.(C) 9359/2016 dated 11th October 2017 (SI/GD Shambhu v. Union of India) and in W.P.(C) 332/2017 dated 12th January 2018 (Jas Ram v. Union of India), wherein relief has been granted to identically placed Petitioners, have been discussed in detail in its decision in Rajbir Singh (supra).

5. Following the aforementioned decisions, this petition is allowed and the impugned orders challenged are quashed. A direction is issued to the Respondents to fix the pay scales of all the Petitioners in W.P.(C) 203/2019 at Rs.10,230/- plus grade pay of Rs.4,200/- with effect from the date on which each of them completed 24 years of service.

6. Consequential orders be passed within a period of eight weeks from today. S. MURALIDHAR, J.

SANJEEV NARULA, J.

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