← Library
Madras High CourtWP/14903/2020dismissed

R.Pushpa Raj v. Union Of India

2025-02-24Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.14903 of 2020 R. Pushpa Raj .. Petitioner

Versus

1. Union of India, Represented by - The Director General of Police CRPF, C.G.O Complex, Lodhi Road, New Delhi- 110 003.

2. The Director, Pay and Accounts Office, (MHA), CRPF,Plot No.14, PSP-2, Rohini Sector - 23, New Delhi - 110 086

3. The Inspector General of Police (Trg) FRPF, RK Puram, New Delhi - 110066.

4. The Deputy Inspector General of Police, RTC CRPF,Avadi, Chennai - 600 065.

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to revise the basic pay under the financial upgradation MACP scheme, increase the pension amount as per MACP scheme, re-fix the pension, settle 1/6

arrears of pension with interest, along with settlement of Medical allowance, and also direct the respondents to issue the balance of remaining amount with interest, and pass orders. For Petitioner : Mr.A.Farhath Begum For Respondents :Mr.N. Ramesh Standing Counsel

ORDER

This petition is filed for issuance of a Writ of Mandamus directing the respondent to revise the basic pay under the financial upgradation MACP scheme, increase the pension amount as per MACP scheme, refix the pension, settle arrears of pension with interest, along with settlement of Medical allowance, and also direct the respondents to issue the balance of remaining amount with interest, and pass orders.

2. The facts of the case are that, the petitioner is a retired employee from the Central Reserve Police Force and is receiving a monthly pension. The petitioner served a legal notice to the Director General, CRPF, New Delhi on 14.07.2017 and again served a second legal notice on 29.06.2018 regarding the sanctioning of MACP and the non receipt of Pension and remaining MACP Arrears. Thereafter, he got a reply from the Director General CRPF, Avadi, Chennai on 21.07.2018, wherein it 2/6

was stated that the first and second MACP has been sanctioned to the petitioner w.e.f 01.09.2008 in the pay scale of Rs.3,200-4,900/- and Rs.5,500-9000/- vide RTC CRPF Avadi Office Order No.P.I.1/10-EC-1 dated 24.04.2018, and the petitioner's revision proposal has been submitted to Pay and Accounts Office, New Delhi, and the arrears will be paid to the petitioner accordingly. However, the said order has not been implemented, which has given rise to this petition.

3. The learned counsel for the petitioner submitted that the petitioner is now 70 years old, and he was made to run from pillar to post to substantiate his case. He further submitted that, due to the non implementation of the order dated 21.07.2018, the petitioner was put to a great loss. Hence, prays to allow this petition.

4. The Government Advocate appearing for the respondent submitted that, the 4th respondent, vide order dated 25.01.2025 in No.P.III9/2008-25.EC.II(Pen) had rejected the request of the petitioner as per the provision contained in Pension and Pensioners Welfare OM No.F.No.4/34/2017-P&PW dated 31.01.2018.

3/6

5. Heard both sides and perused the materials available on record.

6. On a perusal of records, it is seen that the respondents have considered the case of the petitioner, and rejected the same vide order dated 25.01.2025. If the petitioner is aggrieved over the said order dated 25.01.2025, he has to challenge the same in the manner known to law.

7. In view of the above, it is made clear that nothing survives for further adjudication in this petition, and this petition deserves to be dismissed. Accordingly, this petition is dismissed. No order as to costs. However, the petitioner is at liberty to challenge the rejection order passed by the 4th respondent on 25.01.2025 in the manner known to law. 24.02.2025 Speaking order : Yes/No Index : Yes/No smn 4/6

To

1. Union of India, Represented by - The Director General of Police CRPF, C.G.O Complex, Lodhi Road, New Delhi- 110 003.

2. The Director, Pay and Accounts Office, (MHA), CRPF, Plot No.14, PSP-2, Rohini Sector - 23, New Delhi - 110 086

3. The Inspector General of Police (Trg) FRPF, RK Puram, New Delhi - 110 066.

4. The Deputy Inspector General of Police, RTC CRPF, Avadi, Chennai - 600 065.

5/6

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.14903 of 2020 24.02.2025 6/6