Ishwar Singh v. Union Of India And ORS

$~5 to 8.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3026/2016 and CM APPL. 12778/2016 ISHWAR SINGH ..... Petitioner Through: Mr. Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Vijay Joshi, Sr. Panel Counsel with Mr. Arnav Kumar, Advocate and Mr. S.S. Sejwal, Law Officer, CRPF.

+ W.P.(C) 3034/2016 and CM APPL. 12791/2016 SWARN SINGH AND ANR ..... Petitioners Through: Mr. Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Vijay Joshi, Sr. Panel Counsel with Mr. Arnav Kumar, Advocate and Mr. S.S. Sejwal, Law Officer, CRPF.

+ W.P.(C) 3037/2016 and CM APPL. 12794/2016 GENDA LAL ..... Petitioner Through: Mr. Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Vijay Joshi, Sr. Panel Counsel with Mr. Arnav Kumar, Advocate and Mr. S.S. Sejwal, Law Officer, CRPF.

WP(C) 3026/2016 and connected matters Page 1 of 4

+ W.P.(C) 3042/2016 and CM APPL. 12800/2016 BHARU SINGH ..... Petitioner Through: Mr. Ankur Chhibber, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Vijay Joshi, Sr. Panel Counsel with Mr. Arnav Kumar, Advocate and Mr. S.S. Sejwal, Law Officer, CRPF.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 07.04.2016 1.

With the consent of the parties, all the petitions are taken up together and a common order is being passed as follows. 2.

The present petitions have been filed by the petitioners, who are working in the CRPF, praying inter alia for issuing directions to the respondents to grant them the benefit under the ACP Scheme, on completion of 24 years of regular service.

3.

Mr. Chhibber, learned counsel for the petitioners states that the issue raised in the present petitions stands settled vide judgment dated 05.03.2015 passed by the Division Bench in a batch of writ petitions, lead matter registered as W.P.(C) 388/2015 entitled Om Prakash and Ors. Vs. UOI and Ors., whereunder directions were issued to the respondents to grant the petitioners therein the second ACP benefits with effect from the date, they WP(C) 3026/2016 and connected matters Page 2 of 4

had completed 24 years of service, reckoned from the date of their initial appointment, subject to their being found fit for promotion and subject to other eligibility conditions.

4.

Learned counsel for the petitioners points out that after the judgment dated 05.03.2015 was pronounced, the respondents had filed review petitions seeking review of the said decision, which were dismissed by a common order dated 29.01.2016, by holding that re-mustering of the petitioners therein to the rank of Naik RO had to be ignored for grant of ACP. It is stated by counsel for the petitioners that the petitioners herein are entitled to the identical relief as all of them have completed 24 years of service, from the date of their initial appointment. 5.

That the legal position stands settled vide judgment dated 05.03.2015 in the captioned cases, is not disputed by the respondents though learned counsel for the respondents adds that they are contemplating filing SLPs against the said judgment.

6.

Having regard to the fact that as on date, the aforesaid decision will govern the petitioners in the present cases as well, the impugned Signals dated 28.05.2013 and 03.07.2013 are quashed and set aside. The present petitions are disposed of on the same lines as the captioned petition with directions issued to the respondents to grant second ACP benefits to the petitioners with effect from the date they had completed 24 years of service, reckoned from the date of their initial appointments. 7.

The respondents are directed to take a decision and convey the same to the petitioners within ten weeks from today. If the petitioners are found eligible for being promoted and resultantly, entitled to grant of the second ACP benefits, the same shall be extended to them within the same timeline WP(C) 3026/2016 and connected matters Page 3 of 4

and the arrears would be paid within six weeks from the date of the decision. In case the arrears are not paid within the stipulated timeline, then the same shall carry simple interest @ 8% per annum.

8.

The petitions are disposed of alongwith the pending applications. HIMA KOHLI, J SUNIL GAUR, J APRIL 07, 2016 rkb WP(C) 3026/2016 and connected matters Page 4 of 4