High Court of DelhiW.P.(C)/7532/2019

Rama Nand Yadav v. Union Of India & ORS

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

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7532/2019 RAMA NAND YADAV ..... Petitioner Through:

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

versus UNION OF INDIA & ORS.

..... Respondents 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 Petitioner, who is a member 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 Petitioner's grievance is that the Respondents have denied such benefit to him from the date of his having actually completed 24 years of regular service on the ground that the Petitioner had not completed the pre-promotional course by the relevant time. The Petitioner also prays for the grant of the 1st financial upgradation under the ACP from the date of his actually completing 12 years of regular service.

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 Petitioner will be granted the benefits of 1st and 2nd financial upgradation under the ACP Scheme from 1st August, 1999 for completing 12 and 24 years of regular service respectively, notwithstanding his not having completed the pre-promotional training course at the time that he completed 12 and 24 years of service;

(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 24 years of regular service till the date of the 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 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