Hc. R.D. Ashwini Sharma & Ors. vs Union Of India & Ors.
2011 Latest Caselaw 3321 Del

R~36
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Decision: 13th July 2011.

+      W.P.(C) 3144/1998

       HC. R.D. ASHWINI SHARMA & ORS.          ..... Petitioners
                      Through: Mr.Anil Gautam, Advocate

                        versus

       UNION OF INDIA & ORS.                          ..... Respondents

Through: Mr. Bhupender Sharma, Deputy Comdt./Law Officer for BSF CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SUNIL GAUR

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported in the Digest?

PRADEEP NANDRAJOG, J (Oral)

1. Head Constables/Radio Operators in BSF make a grievance that they have been discriminated against and pray they be placed in the same grade of pay as Radio Operators in Delhi Police.

2. This very issue was debated in LPA No.563/2002, Union of India & Anr. Vs. G.K.K. Pillai & Ors. which was decided by a Division Bench of this court. The judgment is reported as 2006 (88) DRJ 110, Union of India & Anr. Vs. G.K.K. Pillai & Ors. In the said matter, ASI/Radio Operators with BSF were claiming parity with ASI/Wireless Radio Technicians in Delhi Police.

W.P.(C) No. 3144/1998 Page | 1

3. Single Judge has decided against the department. Division Bench overruled the said view and held that the source of recruitment as also nature of duties being qualitatively and quantitatively different, claim for parity could not be sustained.

4. Writ petitioners in the instant writ petition are Head Constable/Radio Operators in BSF.

5. For the reasoning of the Division Bench in G.K.K. Pillai case (supra), we dismiss the instant writ petition adopting the same reasoning but refrain from imposing any costs.

                                   PRADEEP NANDRAJOG, J



                                   SUNIL GAUR, J
JULY 13, 2011
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W.P.(C) No. 3144/1998                                        Page | 2