High Court of DelhiW.P.(C)/13913/2018

Himmat Singh v. Union Of India & ORS

2018-12-21Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13913/2018 HIMMAT SINGH ..... Petitioner Through:

Mr. Ankur Chibber, Advocate versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Anil Dabas, Advocate, for Respondents 1 to 4

CORAM:

JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 21.12.2018 C.M.No.54393/2018 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 13913/2018

2. This petition has been filed by the Petitioner who applied for the post of Constable (GD) in CRPF, and was enrolled on 31st March, 1983. The Petitioner superannuated on 31st July 2017. The prayer made is for a 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 Petitioner completed 12 years of service in 1995. Further, he was promoted to the rank of Head Constable on 10th October, 1997 and subsequently completed W.P.(C)13913 of 2018 Page 1 of 2

24 years of service in 2007.

4. 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 WP(C) No. 9893/2018 (Rajbir Singh vs. Union of India.)

5. The earlier decisions of this Court dated 11th October, 2017 in WP(C) No. 9359/2016 (SI)/G.D.Shambhu vs. Union of India and 12th January, 2018 in WP(C) No.332/2017 (Jas Ram vs. Union of India) where relief has been granted to identically placed Petitioners have been discussed in detail in decision in Rajbir Singh (supra).

6. Following the aforementioned decisions, this writ petition is allowed and the impugned orders challenged in this petition are quashed. A direction is issued to the Respondents to fix the pay scale of the Petitioner at Rs.10,230 with grade pay with effect from the date on which he completed 24 years of service.

7. Consequential orders be passed by the Respondents within a period of eight weeks from today.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

DECEMBER 21, 2018 W.P.(C)13913 of 2018 Page 2 of 2