High Court of DelhiW.P.(CRL)/1162/2019

Babu Khan And ORS. v. Union Of India And ORS.

2019-02-04Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1162/2019 BABU KHAN & ORS. ..... Petitioners Through:

Mr KK Sharma, Advocate.

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

Mr PS Singh, Sr. Panel counsel (UOI) with Mr Raj Pal Singh and Mr Raman Kr Bharti, Advocates for R-1 to R-4

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 04.02.2019 CM 5244/2019 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 1162/2019

2. By way of the present writ petition, the Petitioners who are all retired personnel of the Central Reserve Police Force (CRPF) are seeking issuance of 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 of Rs.9,300/- plus grade pay of Rs.4,200/- upon completion of 24 years of service.

3. According to the narration in the petition, the Petitioners all joined the CRPF as Constables/GD in 1982-83. Petitoner No.1, who retired as an Inspector in 2018, completed 24 years of service on 15th April 2007; Petitioner No.2, who retired as a Sub-Inspector in 2016, completed 24 years of service on 6th June 2007; and Petitioner No.3, who retired as an Assistant Sub-Inspector in 2018, completed 24 years of service on 18th November W.P.(C) 1162/2019 Page 1 of 2

2006.

4. 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 WP(C) No. 9893/2018 (Rajbir Singh vs. Union of India.)

5. The earlier decisions of this Court dated 11th October, 2017 in WP(C) No. 9359/2016 (SI)/G.D.Shambhu vs. Union of India and 12th January, 2018 in WP(C) No.332/2017 (Jas Ram vs. Union of India) where relief has been granted to identically placed Petitioners have been discussed in detail in decision in Rajbir Singh (supra).

6. 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.

7. Consequential orders be passed by the Respondents within a period of eight weeks from today.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 04, 2019 tr W.P.(C) 1162/2019 Page 2 of 2