G.D. Jai Bhagwan vs Union Of India And 4 Others
2022 Latest Caselaw 8292 ALL

Citation : 2022 Latest Caselaw 8292 ALL
Judgement Date : 27 July, 2022

Allahabad High Court

G.D. Jai Bhagwan vs Union Of India And 4 Others on 27 July, 2022

Bench: Sangeeta Chandra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 10782 of 2022
 
Petitioner :- G.D. Jai Bhagwan
 
Respondent :- Union Of India And 4 Others
 
Counsel for Petitioner :- Mohammad Umar Khan
 
Counsel for Respondent :- A.S.G.I.,Ajay Kumar Gautam
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard learned counsel for the petitioner and Sri Ajay Kumar, learned counsel appearing for the Union of India.

2. This petition has been filed with the prayer for a direction to the respondent no.2- Director General of Police, C.R.P.F., New Delhi, to decide the claim of the petitioner regarding Basic Pay of Rs.46,200/- in place of Rs.42,800/-, which the petitioner is currently getting.

3. The petitioner has made a representation on 12.05.2022 to the respondent no.2.

4. Learned Standing Counsel appearing on behalf of the Union of India and others has produced before this Court a copy of the instructions received from the respondents.

5. It has been submitted on the basis of such instructions that the petitioner was enlisted in CRPF on 09.07.1991 and was considered for sanction of MACP by the Departmental Selection Committee but his Annual Performance Assessment Report was not available for the period 01.01.2019 to 15.09.2019. The petitioner was earlier posted in Jammu Sector and efforts were made to get his Annual Performance Assessment Report from Jammu Sector i.e. from his previous place of posting and case of the petitioner would be reconsidered in Departmental Promotion Committee on receipt of such APAR. The petitioner has remedy of filing Departmental Appeal against the order of fixing of pay.

6. It has additionally been submitted that the petitioner is currently posted in Manipur and there is no territorial jurisdiction of this Court to entertain the writ petition. Reference has also been made to several judgements of this Court including Division Bench Judgment in Rajendra Kumar Mishra Vs. Union of India and others, reported in 2005 (1) UPLBEC 108 and decision of Full Bench of this Court in Manish Kumar Mishra Vs. Union of India and 4 Others.

7. This petition is dismissed on the grounds of lack of territorial jurisdiction.

8. The petitioner shall be at liberty to approach the Authority who is competent to decide his case.

Order Date :- 27.7.2022

Rahul