Santosh Kumar v. Union Of India & ORS.

$~1, 7, 8, 9 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5858/2015 RAJESHWARI UPADHAYAY ..... Petitioner Through:

Mr.O.P.Agarwal and Mr.Deepak Agarwal, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Sarfaraz Ahmad, Mr.Ruchir Mishra and Mr.Mukesh Tiwari, Advocates Mr.S.S.Sejwal, Law Officer, CRPF W.P.(C) 5798/2015 SHREE RAM UPADHYA ..... Petitioner Through:

Mr.O.P.Agarwal and Mr.Deepak Agarwal, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Manish Mohan, CGSC with Mr.Arnav Kumar, Advocate W.P.(C) 5800/2015 KISHAN SINGH HC/GD, (RETD.) ..... Petitioner Through:

Mr.O.P.Agarwal and Mr.Deepak Agarwal, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms.Monika Arora, CGSC with Mr.Harsh Ahuja, Advocate W.P.(C) 5803/2015 UPENDER MANDAL ..... Petitioner Through:

Mr.O.P.Agarwal and Mr.Deepak Agarwal, Advocates versus

UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Sarfaraz Ahmad, Mr.Ruchir Mishra and Mr.Mukesh Tiwari, Advocates Mr.S.S.Sejwal, Law Officer, CRPF + W.P.(C) 5816/2015 SANTOSH KUMAR ..... Petitioner Through:

Mr.O.P.Agarwal and Mr.Deepak Agarwal, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr.Sarfaraz Ahmad, Mr.Ruchir Mishra and Mr.Mukesh Tiwari, Advocates Mr.S.S.Sejwal, Law Officer, CRPF

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 13.07.2015 C.M.Nos.10550, 10436, 10438, 10448 & 10505 of 2015 (for exemption) Exemption is allowed subject to just exceptions. Applications are disposed of.

W.P.(C) Nos.5858, 5798, 5800, 5803 & 5816 of 2015 Issue notice. Notice is accepted on behalf of the Respondents. It is submitted that the writ petition can be disposed of today. The claim in all these proceedings by the writ petitioners is for the grant of Second Financial Upgradation in terms of the ACP Scheme promulgated by the Central Government on 09.08.1999. It is not disputed by the Respondents that the claim has to be allowed in view of the previous

decision of this court in Shekhar Chand vs. Union of India & Others in W.P.(C) 4632/2015 and other connected cases decided on 11.05.2015. Accordingly, the directions are issued to treat the writ petitions and pass appropriate orders after due verification as to the Petitioners' entitlement to the Second Financial Upgradation wherever warranted and consequently orders shall be made within four weeks. The entire process inclusive of pay fixation orders, release of arrears and fitment at the appropriate stage in grant of increments shall be completed within 12 weeks from today.

In the case of Petitioners who have retired, pension fixation orders shall also be issued and arrears of pension based upon the grant and release of financial upgradation shall also be appropriately given within the said period.

The writ petitions are allowed in the above terms. Order dasti.

S. RAVINDRA BHAT, J DEEPA SHARMA, J JULY 13, 2015 rb