Mahavir Prasad v. Union Of India And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12845/2018 MAHAVIR PRASAD ..... Petitioners Through:

Mr Ankur Chibber, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

None.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 30.11.2018 CM No.49831/2018

1. Exemption allowed, subject to all just exceptions. W.P.(C) 12845/2018

2. This writ petition has been filed by a Sub-Inspector ('SI') of the CRPF who was initially recruited as a Constable (GD). It prays for direction to be issued to the Respondents to correctly fix the Petitioner's pay in the scale of Rs.10,320/- plus grade pay of Rs.4,200/- instead of Rs.9,300/- plus grade pay of Rs.4,200/- upon completion of 24 years of service.

3. The issues raised are no longer res integra and have been considered in a number of decisions of this Court. The most recent is the decision dated 12th November 2018 of this Court in W.P.(C) 9893/2018 (Rajbir Singh v. Union of India).

W.P.(C) 12525/2018

4. The earlier decisions of this Court in W.P.(C) 9359/2016 dated 11th October 2017 (SI/GD Shambhu v.

Union of India) and in W.P.(C) 332/2017 dated 12th January 2018 (Jas Ram v. Union of India), wherein relief has been granted to identically placed Petitioners, have been discussed in detail in its decision in Rajbir Singh (supra).

5. Following the aforementioned decisions, the petition is allowed and the impugned orders challenged are quashed. A direction is issued to the Respondents to fix the pay scales of the Petitioner at Rs.10,230/- plus grade pay of Rs.4,200/- with effect from the date on which each of them completed 24 years of service.

6. Consequential order be passed by the Respondents within a period of eight weeks from today.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

NOVEMBER 30, 2018 nk W.P.(C) 12525/2018