Delhi High Court
Rajesh Kumar vs Union Of India & Ors. on 8 December, 2021
$~33 to 36, 39, 43 to 45, 47 to 50 & 54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 08th December, 2021
+ W.P.(C) 13931/2021
SUNIL KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Nidhi Raman, CGSC with
Mr.Zubin Singh, Adv. for R-1
to 3.
$~34
+ W.P.(C) 13932/2021
JIMMEE ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
$~35
+ W.P.(C) 13933/2021
PRABHU DAYAL SAHU ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
$~36
+ W.P.(C) 13935/2021
PROMOD KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Ruchir Mishra, Mr.Mukesh
Kumar Tiwari, Adv. for UOI.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ WPC 13931/2021 & connected matters Page 1
Signing Date:10.12.2021
11:20:58
$~39
+ W.P.(C) 13947/2021
DINESH KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
$~43
+ W.P.(C) 13953/2021
SACHIN KUMAR JAISWAL ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Nidhi Raman, CGSC with
Mr.Zubin Singh, Adv. for R-1
to 3.
$~44
+ W.P.(C) 13954/2021
RAJESH KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Ruchir Mishra, Mr.Mukesh
Kumar Tiwari, Adv. for UOI.
$~45
+ W.P.(C) 13955/2021
SUJEET KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Nidhi Raman, CGSC with
Mr.Zubin Singh, Adv. for R-1
to 3.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ WPC 13931/2021 & connected matters Page 2
Signing Date:10.12.2021
11:20:58
$~47
+ W.P.(C) 13957/2021
LOKESH KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
$~48
+ W.P.(C) 13958/2021
PRAVEEN KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
$~49
+ W.P.(C) 13959/2021
SATYABRATA PAL ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Nidhi Raman, CGSC with
Mr.Zubin Singh, Adv. for R-1
to R-3.
$~50
+ W.P.(C) 13960/2021
RAKESH KUMAR ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Ruchir Mishra, Mr.Mukesh
Kumar Tiwari, Adv. for UOI.
$~54
+ W.P.(C) 13966/2021
JAMSHED ALI ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ WPC 13931/2021 & connected matters Page 3
Signing Date:10.12.2021
11:20:58
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petitions have been filed seeking directions to the
Respondents to treat the date of promotion of petitioners to the rank of
Sub-Inspector (Ministerial) as 17th May, 2016 i.e. date when
promotion of the petitioners to said rank was released for purposes of
pay fixation and thereafter fix pay of the petitioners on said basis in
accordance with Central Civil Services (Revised Pay) Rules, 2016
notified on 25th July, 2016 together with payment of arrears.
2. Learned counsel for the petitioners states that the petitioners,
who were working as Assistant Sub-Inspector (Ministerial), were
released for promotion to the rank of Sub-Inspector (Ministerial) in the
pay band of Rs.9300-34800 with Grade Pay of Rs.4200/- vide order
dated 17th May, 2016. She states that due to some administrative
delay, the petitioners were relieved from their place of posting and
thereafter assumed charge of their promoted rank of Sub-Inspector
after a delay of several months from the date of their promotion. She
states that as of now the petitioners have been considered promoted
from the date they assumed charge of the promoted rank for the
purposes of pay fixation.
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ WPC 13931/2021 & connected matters Page 4
Signing Date:10.12.2021
11:20:58
3. She relies on the judgment dated 1st April, 2019 of this Court in
Vijayan VV vs. Union of India & Ors W.P. (C) No.4448/2016 and
other connected matters where under similar facts the Court held that
it was not fair to deprive the petitioners of the monetary benefits on
account of the delay in their joining as ASI (Ministerial/Clerical)
which was not attributable to any omission on the part of the
petitioners, but was caused due to the respondents delaying the issue
of relieving orders. She states that due to the petitioners not getting
benefit of proviso to Rule 5 of Central Civil Services (Revised Pay)
Rules, 2016, the petitioners have started drawing lesser salary than
their juniors, which is impermissible under service law.
4. She lastly states that the representations filed by the petitioners
have not been disposed of till date.
5. Keeping in view the aforesaid fact, this Court disposes of the
present batch of matters by directing the DIG (Organisation), CRPF,
to treat the present writ petitions as representations and to decide the
same in accordance with law by way of a reasoned order within twelve
weeks. This Court clarifies that it has not commented on the merits of
the controversy. The rights and contentions of all the parties are left
open.
MANMOHAN, J
NAVIN CHAWLA, J
DECEMBER 8, 2021
N
Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ WPC 13931/2021 & connected matters Page 5
Signing Date:10.12.2021
11:20:58
