Delhi High Court
Vinod Kumar And Others vs Union Of India And Ors on 31 July, 2020
$~VC-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31st July, 2020
+ W.P. (C) 4821/2020
VINOD KUMAR & ORS. .....Petitioners
Through: Mr. Manoj V. George and Ms.
Shilpa Liza George, Advocates
versus
UNION OF INDIA & ORS. ....Respondents
Through: Mr. Ruchir Mishra, Advocate
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
[VIA VIDEO CONFERENCING]
JUSTICE RAJIV SAHAI ENDLAW
1. The 65 petitioners, holding the rank of Constables (we are
told some of them have been promoted) in the respondents No. 1
and 2 Central Reserve Police Force (CRPF), have filed this
petition seeking, (i) mandamus to the respondents No. 1 and 2
CRPF to grant the first Assured Career Progression (ACP)
upgradation to the petitioners on completion of 12 years of
service, in the scale of Sub-Inspector with pay-band of Rs.5500-
9000/- with grade-pay of Rs.4200/- and other consequential
benefits, including payment of arrears accrued; and, (ii)
mandamus to the respondents No. 1 and 2 CRPF to grant Modified
Assured Career Progression (MACP) upgradation to the
petitioners on completion of 20 years of service, in the scale of
W.P. (C) 4821/2020 Page 1 of 4
Inspector, with pay-band of Rs.9300-34800/- with grade-pay of
Rs.4600/- along with all consequential benefits, including of
payment of arrears.
2. It is the case of the petitioners that they are identically placed
as the petitioners in W.P. (C) 1716/2020 titled Satish Kumar &
Ors. Vs. Union of India & Ors. decided on 14th February, 2020
and qua whom relief has been granted, with arrears being paid
w.e.f. 1st January, 2006, within 12 weeks therefrom.
3. Some other matters also have been coming up before us,
claiming to be covered by Satish Kumar supra. Though we had
certain reservations about the relief granted in Satish Kumar
supra, of payment of arrears from 1st January, 2006, i.e., for a
period of 14 years prior to the filing of the petition, but since in
Satish Kumar supra, the said relief has been granted, to maintain
parity, we had disposed of the said matters directing the case of
the petitioners therein to be considered and if found eligible for
relief as granted to Satish Kumar supra, directing the respondents
to grant the said relief.
4. Counsel for the petitioners states that the date from which
the arrears have to be paid has been subject matter of Union of
India Vs. Balbir Singh Turn AIR 2018 SC 206 and the question
of limitation would not arise.
5. The counsel for the petitioners also states that though in the
relief paragraph of the petition, he has claimed the second MACP
W.P. (C) 4821/2020 Page 2 of 4
upgradation on completion of 20 years of service in the pay-band
of Rs.9300-34800/- but recently Supreme Court has held that only
the next higher grade pay is relevant for MACP.
6. Counsel for the respondents appearing on advance notice
states that he has no instructions with respect to eligibility of the
petitioners or each of them to the reliefs as granted in Satish
Kumar supra, but states that Special Leave Petitions (SLPs) have
been filed against some judgments following Satish Kumar supra
and interim orders qua the contempt proceedings initiated in those
cases have been granted. It is also informed that SLP against the
judgment in Satish Kumar supra is in the process of being filed.
7. We are bound by Satish Kumar supra, as long as the
petitioners herein are found to be covered by the said judgment.
However the determination of the case of the each of the
petitioners, is not to be done before this Court and has to be done
by the respondents.
8. We therefore dispose of this petition by directing the
respondents No. 1 and 2 CRPF to, within eight weeks hereof,
consider the case of each of the petitioners viz-a-viz Satish Kumar
supra and if the petitioners or any of them are found entitled to be
covered by the said judgment, to grant to the petitioners or such of
them who are found to be so covered, the same relief as granted in
Satish Kumar supra, i.e. of grant of first financial upgradation
under the ACP Scheme from the date the petitioners or each of the
W.P. (C) 4821/2020 Page 3 of 4
petitioners completed 12 years of service and in the pay-scale of
Sub-Inspector and to grant the benefit of second financial
upgradation under the MACP Scheme, from the date of
completion of 20 years of regular service, in the pay-scale of
Inspector, with arrears being paid within a period of 12 weeks
from today. If on examination of the cases, the petitioners or any
of the petitioners are not found entitled to be covered by the
judgment in Satish Kumar supra, the respondents No. 1 and 2
CRPF, to within eight weeks aforesaid, inform the petitioners or
such of them who are not found entitled to the relief, the reasons
in writing therefor and with respect whereto the petitioners or such
of them who are not so determined by the respondents, to be
covered by said judgment, shall have remedies in accordance with
law.
9. The writ petition is disposed of.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J.
JULY 31, 2020
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