Mukesh Pal & ANR v. Union Of India & ORS

$~5 and 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6678/2015 CHANDRA SINGH BHAN ..... Petitioner Through: Mr Prashant Sivarajan, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr Shiva Lakshmi, CGSC And + W.P.(C) 6706/2015 MUKESH PAL & ANR ..... Petitioners Through: Mr Prashant Sivarajan, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through: Mr Shiva Lakshmi, CGSC

CORAM:

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

O R D E R

% 17.07.2015 CM No. 12180/2015 in W.P.(C) 6678/2015 and CM No.1227/2015 in W.P.(C) 6706/2015 Allowed, subject to just exceptions.

The applications are disposed of.

W.P.(C) 6678/2015 and W.P.(C) 6706/2015 Issue notice. Mr Shiva Lakshmi, CGSC accepts notice on behalf of the respondents and states that the matter may be disposed of today itself.

The petitioners, in these writ proceedings, seek a direction to the respondents to release the second financial upgradation in terms of

the Assured Career Progression Scheme (ACP) formulated on 09.08.1999. It is not disputed that this issue is covered by a series of orders and judgments of this Court, the latest being Harbir Singh vs. Union of India and Ors. W.P.(C) No. 5605/2015, which has noted the concerned Office Memoranda and Circulars of the Central Government as well as of CRPF.

In the light of the previous orders of this Court, the petitioners clearly established that the respondent-CRPF is under an obligation to grant them second financial upgradation from the date they became eligible-i.e., completion of 24 years of service. A direction is accordingly issued to CRPF, after due verification with respect to the eligibility of the petitioners, to pass appropriate orders with regard to the grant of second ACP benefit from such dates they are entitled to it. The orders shall be passed within six weeks from today. In case of non-compliance of the orders and non-payment of the amount within the prescribed time, the petitioners shall be entitled to 8% per annum simple interest on the said amount.

The writ petitions are disposed of in the above terms. S. RAVINDRA BHAT, J DEEPA SHARMA, J JULY 17, 2015 bg