High Court of DelhiW.P.(C)/12962/2018

Khushi Mohammed And ORS. v. Union Of India And ORS.

2019-09-30Hon'Ble Mr. Justice J.R. Midha2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12962/2018 KHUSHI MOHAMMED AND ORS. ..... Petitioners Through:

Mr Manoj V. George, Advocate.

versus UNION OF INDIA AND ORS. ..... Respondents Through:

Mr P.S. Singh and Ms Annu Singh, Advocates for UOI.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 30.09.2019 CM 44086/2019 (early hearing)

1. For the reasons stated therein, the application is allowed. The date of final hearing of the writ petition is advanced.

W.P.(C) 12962/2018 2.In view of the fact that the prayers in the present petition stand completely covered by the order of this Court dated 13th September, 2019, as modified by order dated 18th September, 2019, in W.P. (C) 8203/2019 (Ex-Constable GD Prahalad v. Union of India and batch), the petition is taken up for final hearing.

3.The Court finds that the orders of this Court dated 13th September, 2019, as modified by order dated 18th September, 2019 in Ex-Constable GD Prahalad (supra) answers the questions raised in the petition in favour of the Petitioners.

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4. Accordingly, the petition is allowed with the following directions: (i) The Petitioner would be given the arrears of the first ACP for the period of completion of 12 years of service till the date of the first promotion;

(ii) The benefit of the MACP will be given from the date of completion of 20 years of service by treating the MACP as applicable with effect 1st January 2006 onwards;

(iii) 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 20 years of regular service up to the date of voluntary retirement; and, (iv) The appropriate revised pension 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 simple interest at 6% per annum on the arrears of period of delay.

5. The next date of hearing of 6th December, 2019 is cancelled. S.MURALIDHAR, J.

TALWANT SINGH, J.

SEPTEMBER 30, 2019/rd W.P.(C) 12962/2018 Page 2 of 2