K Swamy Dhas v. Union Of India & ORS.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 860/2020 K. SWAMY DHAS ..... Petitioner Through:

Mr. Akshay Amritanshu, Advocate versus UNION OF INDIA & ORS.

..... Respondents Through:

None

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 26.02.2020

1. The office note has been perused.

2.The corrected order will read as follows:

"CM APPL. 2692/2020 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 860/2020

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

3. The prayers in the present petition stand 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 to the Respondents:- (i) The Petitioner will be granted the benefits of the 2nd financial upgradation under the MACP scheme for completion of 20 years of regular service, by treating the said scheme as applicable with effect from 1st January, 2006;

(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 till the date of his next promotion; and, (iii) The appropriate orders will be issued and arrears will be paid to the Petitioner within a period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears of period of delay."

S.MURALIDHAR, J TALWANT SINGH, J FEBRUARY 26, 2020 mw