Delhi High Court
Premanand vs Union Of India & Ors on 12 September, 2017
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5138/2016
Date of decision: 12th September, 2017
PREMANAND ..... Petitioner
Through Mr. K.P.S. Dalal and Mr. Ranjit
Singh, Advocates.
versus
UNION OF INDIA & ORS ..... Respondent
Through Mr. Prasanta Varma, Senior
Government Counsel with SI Nagendra
Kumar from CRPF.
Mr. Vivek Kumar, DC, CRPF.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (ORAL):
Premanand was appointed as a Constable (Cook) in the
Central Reserve Police Force on 6th May, 1981.
2. After rendering about 34 years of service, the petitioner
retired on 31st October, 2016.
3. During this service career, the petitioner did earn any
promotion, albeit was granted financial upgradations under the
Assured Career Progression Scheme (ACP Scheme, for short)
and Modified Assured Career Progression Scheme (MACP
Scheme, for short).
W.P. (C) 5138/2016 Page 1 of 4
4. The question raised in the present writ petition is whether
financial upgradations were correct and in accordance with two
schemes in view of the Central Civil Services (Revised Pay)
Rules, 2008 (Revised Pay Rules, 2008) with effect from 1st
January, 2006.
5. The petitioner was granted first financial upgradation
under the ACP Scheme on 9th August, 1999 after 12 years of
regular service. Consequent to the said financial upgradation,
the petitioner was granted promotional pay-scale of Rs.2750-
4400.
6. The petitioner vide order dated 11th June, 2010 was
granted second financial upgradation in the pay scale of Rs.
3050/-4590/- with effect from 6th May, 2005 after completion of
24 years of regular service.
7. Upon implementation of the Revised Pay Rules, 2008,
the petitioner was granted fitment scale of Rs.5200-20200 in
Pay Band-I with grade pay of Rs. 2000/- with effect from 1st
January, 2006.
8. However, controversy and dispute arose as to the correct
fitment scale applicable to the post of Constable upon
implementation of Revised Pay Rules, 2008. This controversy
was decided by the Delhi High Court in W.P. (C) No.
3930/2011, Daftry Bhim Singh and Ors. Vs. Union of India
and Ors., vide judgment dated 28th September, 2011, holding
that Constables working as Peons, Cooks, Farashs and Daftries
were entitled to Grade Pay @ Rs.2000/- with effect from 1st
W.P. (C) 5138/2016 Page 2 of 4
January, 2006. The aforesaid pay-scale became the entry level
pay-scale applicable to Constables working as Peons, Cooks,
Farashs and Daftries including the petitioner.
9. Pursuant the aforesaid decision, the respondents have
issued several office orders accepting and applying the benefit
and directions given in Daftry Bhim Singh and Ors. (supra).
Copy of the said office orders have been placed on record as
Annexure A-9 and A-10 to the present writ petition.
10. The petitioner accordingly with effect from 1st January,
2006 was entitled to fitment in the Grade Pay of Rs.2800/-
being the next higher Grade Pay after Rs. 2000/- and Rs. 2400/-
as per the First Schedule, Part A of Section 1 of the Revised
Pay Rules, 2008. This fitment would be applicable as the
petitioner was entitled to two financial upgradations from the
Grade Pay of Rs.2000/-.
11. According to us, the respondents have committed an
error in granting the Grade Pay of Rs.2400/- with effect from 1st
January, 2006. The petitioner was entitled to Grade Pay of
Rs.2800/- with effect from 1st January, 2006. Grant of Grade
Pay of Rs.2400/- would mean that the petitioner would be
denied benefit of the first and second financial upgradation.
The petitioner in view of the ratio in Daftry Bhim Singh and
Ors. Vs. Union of India and Ors.,(supra) as a sequitur would
be entitled to Grade Pay of Rs.2800/- with effect from 1st
January, 2008.
W.P. (C) 5138/2016 Page 3 of 4
12. The petitioner was granted third financial upgradation
under the MACP Scheme with effect from 6th May, 2011 on
completion of 30 years of regular service. The third financial
upgradation consequent to the findings recorded above would
be in the Grade Pay of Rs.4200/- as per the First Schedule, Part-
A of Section 1 of the Revised Pay Rules, 2008.
13. In view of the aforesaid position, we would allow the
present writ petition with a direction that the petitioner would
be entitled to the Grade Pay of Rs. 2800/- and Rs. 4200/- with
effect from 1st January, 2006 and 6th May, 2011, respectively.
14. The respondents would compute the arrears of salary as
well as the pension payable to the petitioner in accordance with
the above directions and pay the same within four months from
the date a copy of this order is received. In case payment is
delayed beyond four months, the respondents would pay
interest @ 8% per annum from the date of this order till
payment is made. In the facts of the present case, there would
be no order as to costs.
SANJIV KHANNA, J.
NAVIN CHAWLA, J.
SEPTEMBER 12, 2017
NA/VKR
