High Court of DelhiW.P.(C)/7526/2019

Jai Prakash And ANR. v. Union Of India And ORS.

2019-12-05Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7526/2019 JAI PRAKASH AND ANR.

..... Petitioners Through:

Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondent Through:

Mr. Rakesh Kumar, CGSC with Mr.

Amit Gupta, GP.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 05.12.2019

1. The Petitioners, who are members of the Central Reserve Police Force ('CRPF'), seeks the grant of the benefit of the 2nd financial upgradation under the Assured Career Progression ('ACP') Scheme. The Petitioners' grievance is that the Respondents have denied such benefit to them from the date of their having actually completed 24 years of regular service on the ground that the Petitioners had not completed the pre-promotional course by that time.

2. The prayers in the present petition stand covered by the decisions of this Court dated 5th January, 2015 in W.P.(C) 22/2015 (Jaswant Singh v. Union of India), 11th October, 2013 in W.P.(C) 6550/2013 (Suraj Bhan v. Union of India), 6th September, 2013 in W.P.(C) 5593/2013 (Jaipal Singh v.

Union of India and batch).

3. Accordingly, the petition is allowed with the following directions: (i) The Petitioners will be granted the benefit of 2nd financial upgradation under the ACP Scheme from 1st August, 1999 for completing 24 years of regular service, irrespective of their not having completed the prepromotional course at the time that they completed 24 years of regular service;

(ii) The Petitioners 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 24 years of regular service till the date of the next promotion; and, (iii) The appropriate orders will be issued and arrears will be paid to the Petitioners within a period of 12 weeks, failing which the Respondents would be liable to pay simple interest at 6% per annum on the arrears for the period of delay.

S.MURALIDHAR, J.

TALWANT SINGH, J.

DECEMBER 05, 2019 pa