Sharvan Kumar And ANR. v. Union Of India And ORS.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3477/2019 SHARVAN KUMAR & ANR.

..... Petitioner Through Mr. KK Sharma, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through Mr Shushil Kumar Pandey, CGSC with Mr Sumit Rajput, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE PRATEEK JALAN

O R D E R

% 05.04.2019 CM APPL.15918/2019

1. Exemption allowed subject to all just exceptions. W.P.(C) 3477/2019

2. This petition has been filed by two Petitioners who started as Constable (GD) in the CRPF and who were both enrolled in the year 1983. Petitioner No.1 was subsequently promoted and retired as an Inspector whereas Petitioner No.2 was also promoted and retired as a Sub-Inspector. Both the Petitioners retired on 31st March 2018. They seek a direction to be issued to the Respondents to correctly fix their pay in the scale of Rs. 10,230/- plus grade pay of Rs.4,200/- instead of Rs.9,300/- on the completion of 24 years of service, which occurred in May, 2007 for both the Petitioners.

3. The issues raised are no longer res integra and have been considered in a W.P(C) 3477 of 2019 Page 1 of 2

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 relied upon by the Petitioners herein in W.P.(C) 9359/2016 dated 11th October 2017 (SI/GD Shambhu v. Union of India) and 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.

PRATEEK JALAN, J.

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