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High Court of DelhiW.P.(C)/1001/2019

K. K. Mithran And ORS. v. Union Of India And ORS.

2019-01-30Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1001/ 2019 K.K. MITHRAN & ORS.

..... Petitioners Through:

Mr.K.K. Sharma, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Ripu Daman Bhardwaj(CGSC) with Mr.

Amarnath G.P.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 30.01.2019 CM No.4495/2019

1. Exemption allowed, subject to all just exceptions. W.P.(C) 1001/2019

2. This writ petition has been filed by the Petitioners' who are now SubInspectors ('SI') of the CRPF and were initially recruited as Constables (GD) between January 1984 to May 1984. The petition prays for direction to be issued to the Respondents to correctly fix the Petitioners' pay in the scale of Rs.10,320/- plus grade pay of Rs.4,200/- instead of Rs.9,300/- plus grade pay of Rs.4,200/- upon completion of 24 years of service.

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 WP(C) No. 1001/2019 Page 1 of 2

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, the petition is allowed and the impugned orders challenged are quashed. A direction is issued to the Respondents to fix the pay scales of the Petitioners 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 by the Respondents within a period of eight weeks from today.

S.MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 30, 2019 nk WP(C) No. 1001/2019 Page 1 of 2