Man Singh v. Union Of India And ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1711/2019 MAN SINGH ..... Petitioners Through:

Mr KK Sharma, Advocate.

Versus

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

Mr Mahender Kr Bhardwaj with Mr Mohit Bhardwaj, Advocates for R-1 to R-4 Mr Vivek Kr Singh, DC (Law), CRPF with Mr Deepak Kumar, SI, CRPF.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 19.02.2019 CM No.7923/2019

1. Exemption allowed, subject to all just exceptions. W.P.(C) 1711/2019

2. This writ petition has been filed by an Inspector of the Central Reserve Police Force (CRPF) who was initially recruited as a Constable (GD). It prays for 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, pursuant to the grant of benefit of the second financial upgradation under the Assured Career Progression Scheme ('ACP Scheme') with all consequential benefits.

3. According to the narration in the petition, the Petitioner joined the CRPF as Constable on 23rd May 1983. The Petitioner was promoted as Head W.P(C) 1711 of 2019 Page 1 of 2

Constable on 9th March 1998 and further completed 24 years of service on 23rd May 2007. It is stated that subsequent to being promoted as an Inspector on 18th August 2014, the Petitioner retired from service on 30th November 2017.

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 W.P.(C) 9893/2018 (Rajbir Singh v. Union of India).

5. 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).

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 scale of the Petitioner at Rs.10,230/- plus grade pay of Rs.4,200/- with effect from the date on which he completed 24 years of service, and to grant him all the consequential benefits arising therefrom. The consequential orders shall be issued by the Respondents within a period of eight weeks from today.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 19, 2019/tr W.P(C) 1711 of 2019 Page 2 of 2