Delhi High Court
Union Of India & Ors. vs All India Cghs Employees ... on 9 November, 2016
$~15.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITON (CIVIL) No. 8515/2014
Date of decision: 9th November, 2016
UNION OF INDIA & ORS. ..... Petitioners
Through Mr. Ruchir Mishra & Mr. Sanjiv K.
Saxena, Advocates.
versus
ALL INDIA CGHS EMPLOYEES ASSOCIATION & ORS.
..... Respondents
Through Mr. A.K. Behera & Mr. Nitin Kumar
Jain, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE CHANDER SHEKHAR
SANJIV KHANNA, J. (ORAL):
The Union of India and six others have filed the present writ petition
impugning the order dated 31st January, 2014 passed by the Principal
Bench of the Central Administration Tribunal (Tribunal, for short) in OA
No. 3441/2012, which was filed by All India CGHS Employees
Association and three others, the respondents herein.
2. The Tribunal has allowed the said OA and held that the officers
working as Pharmacists in the Central Government Health Service (CGHS,
for short) would be entitled to three financial upgradations in the grade pay
of Rs.4600, 4800 and 5400 without taking into consideration the non-
functional upgradation to the grade pay of Rs.4200, which is granted after
two years of service in the grade pay of Rs.2800.
3. In order to appreciate the controversy, we would like to note the
relevant rule position before we refer to the provisions of the Modified
Assured Career Progression Scheme (MACP Scheme, for short). The
respondent is an association of Pharmacists in the CGHS. Before the
implementation of the Sixth Pay Commission, the hierarchy of posts in the
cadre of Pharmacists and their pay scales was as under:-
"Pharmacist Rs.4500-7000
Pharmacist Grade-II Rs.5000-8000
Pharmacist Grade-I Rs.5500-9000
Assistant Depot Manager Rs.6500-10500"
4. Pursuant to the report of the Sixth Pay Commission, the demands
regarding the pay scale of the Pharmacist Cadre were referred to a Fast
Track Committee. Thereupon, the Government of India, Ministry of
Finance, issued a memorandum dated 18th November, 2009 which reads:-
"While approving the Report of the Sixth Central Pay
Commission, the Government referred the matter
related to the demands made in regard to pay scales of
certain common category posts to a Fast Track
Committee. The pay scales of the common category
posts of Pharmacists was one of the items referred to
the Committee. The recommendation of the Fast Track
Committee regarding the pay scales of the common
category posts of Pharmacists has since been received.
The Committee has recommended that the entry grade
of Pharmacists in Central Government should remain
at grade pay of Rs.2800 in the pay band PB-1.
However, on completion of two years service in the
entry grade, all the incumbents should be granted non-
functional upgradation to the next higher grade having
grade pay of Rs.4200 in the pay band PB-2.
2. The recommendation of the Fast Track Committee
regarding the pay scale of Pharmacists has been
considered by the Government and it has been decided
to accept the same. Accordingly, the following pay
structure is approved for the common category posts of
Pharmacists cadre w.e.f. 1.1.2006:-
Designation Pre-revised Pay structure Remarks
pay scale approved on
the
recommenda
tion of Fast
Track
Committee
Pharmacist 4500-7000 Grade pay of Entry grade for
(Entry Grade) 2800 in PB-1 Pharmacist Cadre:
Essential minimum
educational
qualifications of 10+2
plus 2 years Diploma in
Pharmacy and
Registration with State
Pharmacy Council.
Pharmacist II 5000-8000 Pharmacist Gr.II and I
will be merged and
Pharmacist I 5500-9000 designated as Pharmacist
(Non-Functional Grade).
This grade to be granted
Grade pay of to Pharmacist (Entry
4200 in PB-2 Grade) on non-
functional basis after 2
years of service in the
grade pay of Rs.2800
3. Consequent upon the implementation of the above
pay structure, promotion from Pharmacist (Entry
Grade) to the next higher grade of Pharmacist (Non-
Functional Grade) having grade pay of Rs.4200 will be
delinked from vacancies and will become non-
functional and time-bound. In the case of
Organisations like the Ordnance Factory Board, where
all the Pharmacists posts are presently in the grade pay
of Rs.2800 in the pay band PB-1, the implementation
of the above pay structure will result in the
introduction of the new Non-Functional Grade having
grade pay of Rs.4200 in the pay band PB-2.
4. All administrative ministries may initiate action to
implement the above revised pay structure in respect of
the common category post of Pharmacist Cadre."
As per the memorandum, the grades of Pharmacist Grade-II and
Pharmacist Grade-I, which were earlier in the pay scale of Rs.5000-8000
and Rs.5500-9000 respectively, were merged in the grade pay of Rs.4200
in Pay Band-2, Rs.9300-34800. The Pharmacist, which is the entry level
post, were given grade pay of Rs.2800 in Pay Band-1, Rs.5200-20200.
Pharmacists (Entry Grade) were entitled to higher grade of Pharmacist
(Non-Functional Grade) grade pay of Rs.4200 after two years of service.
The entitlement to the higher grade of Rs.4200 was de-linked from
vacancies and was made on a time-bound basis.
5. The aforesaid office memorandum which had ameliorated the
grievance of the Pharmacists has led to the present controversy; whether
the grant of non-functional grade pay of Rs.4200 is to be counted and
treated as the first financial upgradation under the MACP Scheme?
6. By letter dated 16th July, 2010, the Director Administration (CGHS),
had communicated the decision taken by the Director General in
consultation with the Ministry of Health and Family Welfare to the
following effect:-
"It has now been decided in consultation with M/o
Health & F.W. to implement the said orders in CGHS
wef 1.1.2006. Accordingly the following grades of
Pharmacist in CGHS will come into existence:-
Designation Pre-revised pay Pay structure Remarks
scale implemented as
per 6th CPC
Pharmacist Rs.4500-7000 Grade Pay of Entry Grade
(Entry Grade) 2800 in PB-1
Pharmacist-II Rs.5000-8000 Grade Pay of This grade to be
(Non-Functional Rs.4200 in PB-2 granted to
Grade) Pharmacist
(Entry Grade) on
non-functional
basis after
completion of 2
years of service
in the grade pay
of Rs.2800.
They are to be
re-designated as
Pharmacist-II
(Non-Functional
Grade)
Assistant Depot Rs.6500-10500 Grade Pay of The post of
Manager (ADM) Rs.4600 ADM is to be
filled up on
promotion from
the feeder post of
Pharmacist-II
(Non-Functional
Grade) on
completion of
prescribed years
of service as per
Rectt. Rules.
Accordingly the grant of financial upgradation under MACP Scheme
in CGHS to the Pharmacist cadre are to be granted in the following Grades
Pay:-
DESIGNATION GRADE GRADE GRADE REMARKS
PAY PAY PAY
UNDER UNDER 2ND UNDER
1ST MACP 3RD MACP
MACP
Pharmacist - - - On completion
of 2 years of
regular service
a Grade Pay of
Rs.4200 to be
granted on
Non-
functional
basis and to be
redesigned as
Pharmacist
(Non-
Functional
Grade). This
is not to be
treated as
promotion for
MACP
purpose as per
relevant rule.
Pharmacist Rs.4600 Rs.4800 Rs.5400 Since
(Non-Functional upgradation to
Grade) this grade
from entry
level
(Pharmacist)
not to be
treated as
promotion, 1st
financial
upgradation in
the Grade Pay
of Rs.4600 are
being granted.
Assistant Depot - Rs.4800 Rs.5400 As above.
Manager(ADM) Therefore,
promotion to
ADM to be
treated as 1st
financial
upgradation
under MACP
Scheme.
Hence is
eligible for 2nd
and 3rd MACP.
The aforesaid communication had mentioned the financial
upgradations under the MACP Scheme applicable to the Pharmacists Cadre
of the CGHS in a tabular form. We shall refer to the remarks column,
which is being highlighted by the counsel for the respondent subsequently.
7. Earlier, by the office memorandum dated 2nd June, 2010, the
Ministry of Finance had referred to paragraph 2 of the earlier OM dated
18th November, 2009 referring to the grade pay and the merger of the posts
of Pharmacist Grade-II and Pharmacist Grade-I which had been re-
designated as Pharmacist (Non-Functional Grade) in Pay Band-2 with
grade pay of Rs.4200. The said grade pay was to be granted in a time-
bound manner to Pharmacist (Entry Grade) on a non-functional basis after
two years of service in grade pay of Rs.2800. In view of the said position,
promotion in the second sentence of paragraph 3 of the OM was to be read
as placement. It was also clarified that placement in the grade pay of
Rs.4200 would be subject to vigilance clearance.
8. The Director-General of Health Services (CGHS) thereafter wrote
letter dated 11th November, 2011 to all CGHS units revising the decision
taken and incorporated in the communication dated 16 th July, 2010. The
relevant portion of the letter dated 11th November, 2011 reads as under:-
"The Directorate in its letter of even No. dated
16.7.2010 had communicated the grant of 1 st, 2nd and
3rd MACP in the Grade Pay of Rs.4600, Rs.4800 and
Rs.5400 respectively to the cadres of Pharmacists in
CGHS while implementing the recommendations of
Fast Track Committee as per D/o Expenditure‟s OM.
No. F.No. 1/1/2008-IC, dated 18.11.2009 by ignoring
the upgradation of Grade Pay of Rs.4200 on
completion of 2 years of regular service to the entry
level pharmacists in the Grade Pay of Rs.2800 for
MACP purpose.
However, on consultation with DoPT it has now
been clarified that „as per the provision of MACPS
contained in DoPT‟s OM dated 19.5.2009, every
financial upgradation under the Scheme has been
treated as one upgradation and would be offset against
one financial upgradation. Accordingly, the grade pay
of Rs.4200 allowed to Pharmacist after completion of 2
years under NFG would have to be counted as one
upgradation under the MACPS. Thereafter, the
nd rd
benefits of 2 and 3 financial upgradation would be
allowed to the eligible pharmacists in the grade pays of
Rs.4600 and Rs.4800 on completion of their 20 and 30
years of continuous regular service or 10 years
stagnation in a single grade pay whichever is earlier.
Accordingly it is proposed to revise the grant of 1st,
2nd and 3rd financial upgradation under MACP Scheme
to the Pharmacists cadre in CGHS to Rs.4200, Rs.4600
and Rs.4800 respectively from Rs.4600, Rs.4800 and
Rs.5400 respectively as mentioned in the Directorate‟s
letter dated 16.7.2010. The financial upgradation
already granted to the Pharmacists cadres-both at the
Directorate‟s level and at your level therefore has to be
revised accordingly and excess payment recovered.
You are, therefore, requested to bring this to the
notice of all concerned to enable them to submit a
representation, if any, before initiating action to re-fix
the pay."
The communication dated 11th November, 2011 states that non-
functional upgradation from grade pay of Rs.2800 in Pay Band-1 to grade
pay of Rs. 4200 in Pay Band 2 granted to Pharmacist (entry grade) on
completion of two years of service in the lower grade should be taken as
the first financial upgradation under the MACP Scheme. This was in
contrast with and contrary to the earlier communication/letter dated 16th
July, 2010 that the non-functional upgradation in the grade pay of Rs. 4200
would not be treated as "promotion for the purpose of MACP Scheme"
and would be ignored.
9. The aforesaid change and the letter/communication dated 11 th
November, 2011 was challenged by the respondent association and its
members/office bearers in the OA No. 3441/2012, which as noticed, stands
allowed. The communication dated 11th November, 2011 has been set aside
holding that the grant of financial upgradation under the MACP Scheme in
the Pharmacist Cadre would be in terms of the letter dated 16th July, 2010.
10. In order to appreciate the controversy, we would first interpret the
MACP Scheme, which was notified vide office memorandum dated 19 th
May, 2009. Paragraphs 1 and 2 of the said letter read as under:-
"The Sixth Central Pay Commission in Para 6.1.15
of its report, has recommended Modified Assured
Career Progression Scheme (MACPS). As per the
recommendations, financial upgradation will be
available in the next higher grade pay whenever an
employee has completed 12 years continuous service in
the same grade. However, not more than two financial
upgradations shall be given in the entire career, as was
provided in the previous Scheme. The Scheme will
also be available to all posts belonging to Group "A"
whether isolated or not. However, organised Group
"A" services will not be covered under the Scheme.
2. The Government has considered the
recommendations of the Sixth Central Pay
Commission for introduction of a MACPS and has
accepted the same with further modification to grant
three financial upgradations under the MACPS at
intervals of 10, 20 and 30 years of continuous regular
service."
11. The Department of Personnel, Public Grievance and Pension was
conscious of the fact that there were differences between MACP Scheme
and the earlier ACP Scheme, which was floated on the basis of the
recommendations of the Fifth Pay Commission. This aspect has been
noticed in paragraph 1 of the letter dated 19 th May, 2009 quoted above. As
is apparent, the aforesaid aspect is significant and of seminal importance.
12. The relevant paragraphs of the MACP Scheme read:-
"1. There shall be three financial upgradations under
the MACPS, counted from the direct entry grade on
completion of 10, 20 and 30 years service respectively.
Financial upgradation under the Scheme will be
admissible whenever a person has spent 10 years
continuously in the same grade-pay.
2. The MACPS envisages merely placement in the
immediate next higher grade pay in the hierarchy of the
recommended revised pay bands and grade pay as
given in Section 1 , Part-A of the first schedule of the
CCS (Revised Pay) Rules, 2008. Thus, the grade pay at
the time of financial upgradation under the MACPS
can, in certain cases where regular promotion is not
between two successive grades, be different than what
is available at the time of regular promotion. ln such
cases, the higher grade pay attached to the next
promotion post in the hierarchy of the concerned
cadre/organisation will be given only at the time of
regular promotion.
3. XXXXX
4. XXXXX
5. Promotions earned/upgradation~ granted under the
ACP Scheme in the past to those grades which now
carry the same grade pay due to merger of pay
scales/upgradations of posts recommended by the Sixth
Pay Commission shall be ignored for the purpose of
granting upgradations under Modified ACPS.
6. XXXXX
7. XXXXX
8. XXXXX
9. XXXXX
10. XXXXX
11. XXXXX
12. XXXXX
13. Existing time-bound promotion scheme, including
in-situ promotion scheme, Staff' Car Driver Scheme or
any other kind of promotion scheme existing for a
particular category of employees in a
Ministry/Department or its offices, may continue to be
operational for the concerned category of employees if
it is decided by the concerned administrative
authorities to retain such Schemes, after necessary
consultations or they may switch-over to the MACPS.
However, these Schemes shall not run concurrently
with the MACPS.
14. XXXXX
15. XXXXX
16. On grant of financial upgradation under the
Scheme, there shall be no change in the designation,
classification or higher status. However, financial and
certain other benefits which are linked to the pay
drawn by an employee such as HBA, allotment of
Government accommodation shall be permitted.
17. The financial upgradation would be on non-
functional basis subject to fitness, in the hierarchy of
grade pay within the PB-1.Thereafter for upgradation
under the MACPS the benchmark of 'good' would be
applicable till the grade pay of Rs. 6600/- in PB-3. The
benchmark will be 'Very Good' for financial
upgradation to the grade pay of Rs. 7600 and above.
18. XXXXX
19. The MACPS contemplates merely placement on
personal basis in the immediate higher Grade pay
/grant of financial benefits only and shall not amount to
actual/functional promotion of the employees
concerned. Therefore, no reservation orders/roster shall
apply to the MACPS, which shall extend its benefits
uniformly to all eligible SC/ST employees also.
However, the rules of reservation in promotion shall be
ensured at the time of regular promotion. For this
reason, it shall not be mandatory to associate members
of SC/ST in the Screening Committee meant to
consider cases for grant of financial upgradation under
the Scheme.
20. Financial upgradation under the MACPS shall be
purely personal to the employee and shall have no
relevance to his seniority position. As such, there shall
be no additional financial upgradation for the senior
employees on the ground that the junior employee in
the grade has got higher pay/grade pay under the
MACPS.
21. XXXXX
22. If Group "A" Government employee, who was not
covered under the ACP Scheme has now become
entitled to say third financial upgradation directly,
having completed 30 year's regular service, his pay
shall be fixed successively in next three immediate
higher grade pays in the hierarchy of revised pay-bands
and grade pays allowing the benefit of 3% pay fixation
at every stage. Pay of persons becoming eligible for
second financial upgradation may also be fixed
accordingly."
Paragraph 1 of the MACP Scheme has been rightly highlighted by
the counsel for the petitioners and the respondents. Paragraph 1 stipulates
that the employees would be entitled to three financial upgradations
counted from the direct entry grade. In the present case, it is an undisputed
position that the direct entry grade for Pharmacists was Pay Band-1 with
grade pay of Rs.2800. Each employee, i.e., Pharmacist (Entry Grade) as
per paragraph 1, were/are entitled to three financial upgradations. These
upgradations were/are to be granted on completion of 10, 20 and 30 years
of service after the said employee has spent 10 years continuous service in
the same grade pay.
12. Paragraph 2 of the MACP Scheme is equally important for it
stipulates that the MACP Scheme envisages mere placement in the next
higher grade pay in the hierarchy of the recommended revised pay bands
and grade pay as given in Section 1, Part A of the First Schedule of the
Central Civil Services (Revised Pay) Rules, 2008 (2008 Rules, for short).
Paragraph 2 incorporates a distinct departure from the earlier ACP Scheme,
which referred to financial upgradation equal to or as per the next
promotional post in the hierarchy. On the other hand, MACP Scheme
mandates and refers to the first schedule of the 2008 Rules, which in Part-
A, Section 1 sets out the revised pay band and grade pay for the posts with
the present pay scale and the revised pay structure. In the present context,
we would take on record the table in Part A, Section 1 from serial No. 9 (S-
8) to serial No. 16 (S-15). The said table reads as under:-
"
Present Scale Revised Pay Structure
Sl. Post/ Present Scale Name of Corresponding Corresponding
No. Grade Pay Pay Grade Pay
Band/ Bands/Scales
Scale
(1) (2) (3) (4) (5) (6)
9 S-8 4500-125-7000 PB-1 5200-20200 2800
10 S-9 5000-150-8000 PB-2 9300-34800 4200
11 S-10 5500-175-9000 PB-2 9300-34800 4200
12 S-11 6500-200-6900 PB-2 9300-34800 4200
13 S-12 6500-200-10500 PB-2 9300-34800 4200
14 S-13 7450-225-11500 PB-2 9300-34800 4600
15 S-14 7500-250-12000 PB-2 9300-34800 4800
16 S-15 8000-275-13500 PB-2 9300-34800 5400
"
As per the aforesaid table, the employees in the pre-revised pay scale
of Rs.4500-7000, which was applicable to Pharmacists (entry grade), were
entitled to revised pay structure in Pay Band-1, Rs.5200-20200 plus grade
pay of Rs.2800. The next higher grades in the hierarchy were S-9 and S-
10, which had been clubbed and as per the revised pay structure, were
merged in Pay Band-2, Rs.9300-34800 with grade pay of Rs.4200. As
stated in paragraph 2 of the MACP Scheme, this would constitute the first
financial upgradation for the Pharmacist (Entry Grade) appointed in Pay
Band I Rs. 5200-20200 with grade pay of Rs. 2800. The next higher grade
pay as per the aforesaid table would be S-13 in Pay Band-2, Rs.9300-
34800 plus grade pay of Rs.4600. This would be the second financial
upgradation for the Pharmacist (Entry Grade). The third financial
upgradation would be in S-14, Pay Band-2, Rs.9300-34800 plus grade pay
of Rs.4800. This, according to us, is the correct way to interpret and
implement paragraph 2 of the MACP Scheme. The said interpretation is in
consonance and harmony with our interpretation of paragraph 1 of the
MACP Scheme.
14. Paragraph 5 of the MACP Scheme states that the promotions and
upgradations granted under the ACP Scheme, which had been withdrawn
and which now carry the same grade pay due to merger of pay
scales/upgradations of pay scales recommended by the 6th Pay
Commission, can be ignored for granting upgradation under the MACP
Scheme. The aforesaid paragraph may have some application for
employees working at the post of Pharmacist Grade-I when the MACP
Scheme was introduced, for there was a merger of pay scales of Pharmacist
Grade-I with Pharmacist Grade-II. We, however, do not propound and
pronounce any judgment on the said aspect as this would depend on the
factual matrix of each case. If any particular employee wants to and seeks
reliance on paragraph 5 of the MACP Scheme, he will be at liberty to
initiate action and raise his grievance. The association may also raise the
grievance in accordance with law with reference to the particular factual
matrix. It will not be possible or appropriate for this Court to decide the
matter without reference to the factual matrix and only on the basis of
hypothetical considerations. Counsel for the petitioners has given
illustrations to submit that the letter/communication dated 11 th November,
2011 takes notice and is in consonance with paragraph 5 of the MACP
Scheme. Prima facie, the petitioners may be correct but, for reasons stated
above, we would hesitate to expound a firm, universal conclusion.
15. Paragraph 13 of the MACP Scheme states that existing time-bound
promotions, including in-situ promotion scheme or other kinds of
promotion schemes existing for a particular category of employees in the
Ministry or Department or its offices could continue to be operational if it
was decided by the administrative authority to retain such schemes after
consultation. However, the said scheme cannot run concurrently with the
MACP Scheme. This stipulation is significant for it postulates that the
employees cannot get dual benefit under the MACP Scheme or under the
scheme relating to time-bound promotion or in-situ promotion. The
reason is also obvious. Paragraphs 1 and 2 of the Scheme postulate grant
of three financial upgradations after ten years of service, as per the pay
band and grade pay as given in Section 1, Part A to the First Schedule.
Once an employee has got the benefit of time-bound promotion or in-situ
promotion and has got the higher pay scale, the same has to be counted for
the purpose of financial upgradation under the MACP Scheme. Similarly,
paragraph 16 of the MACP Scheme affirms our interpretation for it
stipulates that there would be no change in designation, classification or
higher status on the grant of financial upgradation. However, certain
benefits like HBA, allotment of Government accommodation shall be
permitted. Paragraph 17 re-affirms what has been stated in paragraph 2 for
it states that upgradation would be on non-functional basis subject to
fitness in the hierarchy of grade pay within Pay Band-1. The upgradation
under the MACP Scheme would be on the benchmark of 'Good' till the
grade pay of Rs. 6600/- in Pay Band-3. The benchmark of 'Very Good' will
be applicable for financial upgradation to the grade pay of Rs. 7600 and
above. Paragraph 19 contemplates that the placement in the higher grade
pay or financial upgradation shall be personal and will be restricted to the
next higher grade pay and grant of financial upgradation only. It would not
amount to actual or functional promotion of the employees. Accordingly,
no reservation or roster would apply. This would support the contention of
the petitioner that the grant of non-functional grade pay is treated as
financial upgradation for the purpose of the MACP Scheme. For grant of
non-functional upgradation, there is no reservation and there is also no
requirement of vacancy. It postulates time- bound upgradation of pay
scales. Similar is the effect of paragraphs 20 and 22.
16. Having examined the aforesaid aspects, we have to hold that the
letter/communication dated 11th November, 2011 reflects the correct
interpretation of the MACP Scheme and the earlier order/communication
dated 16th July, 2010 had wrongly interpreted the MACP Scheme.
17. Learned counsel for the respondents, during the course of hearing,
had submitted that paragraph 1 of the MACP Scheme requires that the
employees would be entitled to three financial upgradations after the
employee had stagnated at a particular pay scale/grade pay of ten years
continuously. This is correct, but this would not help and assist the
respondents. The Scheme envisages three financial upgradations at the end
of 10, 20 and 30 years of service. The Pharmacist (Entry Grade) were/are
entitled to financial upgradation after two years. Paragraph 1 does not state
or stipulate that the said financial upgradation has to be ignored and not
taken into account for the purpose of MACP Scheme. If a Pharmacist
(Entry Grade) has remained at the said post for ten years in the grade pay
of Rs.4200, he would be entitled to benefit of financial upgradation to the
grade pay of Rs.4600 and then after ten years to another financial
upgradation in the grade pay of Rs.4800. The argument would not lead us
to the conclusion that the financial upgradation of Pharmacist (Entry
Grade) at the first stage after two years of service in grade pay of Rs. 2800
to Rs. 4200 would be clubbed and accordingly, the first financial
upgradation would be to grade pay of Rs.4600 and then to grade pay of
Rs.4800 and thereafter to grade pay of Rs.5400. The argument of the
respondent, in fact, ignores the first financial upgradation from Rs. 2800 to
the grade pay of Rs.4200 and is, therefore, not acceptable.
18. Another issue, which may arise for consideration, is with regard to
recovery of arrears. We would not like to comment and deal with the
question of arrears as the decision on the said aspect has to be specific to
the facts and the case. Different issues and considerations would apply to
individuals, as has been held in the case of State of Punjab v. Rafiq Masih,
(2015) 4 SCC 334. It may be advisable for the petitioners to first issue
show cause notice before they take steps for recovery as there may be
extennuating circumstances, which may warrant non-recovery. We clarify
that we do not express any opinion on the said aspect.
19. With the aforesaid observations and directions, the writ petition is
allowed to the extent indicated above. There will be no order as to costs.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J.
NOVEMBER 09, 2016
VKR
