Delhi High Court
Om Prakash & Ors. vs Union Of India & Ors. on 1 February, 2021
$~S-88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 1191/2021
OM PRAKASH & ORS. .....Petitioners
Through: Mr. Asish Nischal, Advocate.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Vivek B. Saharya with
Ms. Rupali Kapoor, Advocates.
% Date of Decision: 01st February, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
1. The petition has been heard by way of video conferencing.
2. Though the present writ petition has been filed with a number of
prayers, yet learned counsel for the petitioners confines his prayer to benefit
of Second Modified Assured Career Progression Scheme (MACP) to the
petitioners in the pay scale of Sub Inspector @ Rs 9300- 34,800/- with
Grade pay of Rs 4200/- from 15th April 2006 upon completion of 20 years of
regular service with CRPF by treating the MACP as applicable since 01 st
January, 2006 onwards; and to revise the pay of the Petitioners in above said
terms and give the arrears to the Petitioners after rectification/revision of his
pays scale along with subsequent benefits arising therefrom.
3. Learned counsel for the petitioners states that the issue involved in the
present writ petition has already been decided by this Court in W.P.(C)
8203/2019 Ex. HC/GH Prahalad Vs. Union of India and Ors. vide order
dated 13th September, 2019 as modified by order dated 18 th September,
2019.
4. Learned counsel for the petitioners further submits that the
Respondents have given the benefit of the 2 nd MACP in an incorrect
manner i.e. pay band of Assistant Sub-Inspector post @ 5200-20200/- +
Grade pay Rs.2800 since 01st September, 2008, (i.e. when the MACP
scheme came into force).
5. Issue notice.
6. Mr. Vivek B. Saharya, Advocate accepts notice on behalf of the
respondents. He states that a number of Special Leave Petitions are pending
consideration before the Supreme Court on the same issue.
7. Having heard learned counsel for the parties, this Court is of the view
that the prayer in the present petition stands covered by the decision dated
13th September, 2019, as modified by order dated 18 th September, 2019, of
this Court in W.P.(C) 8203/2019 (Ex.HC/GD Prahalad v. Union of India
and batch).
8. Accordingly, the present writ petition is allowed with the following
directions:-
(i) The benefit of the 2nd MACP will be given from the date of
completion of 20 years of service by treating the MACP scheme as
applicable with effect from 01st January 2006 onwards;
(ii) The Petitioners will be placed in the appropriate pay scale of SI/HC
etc. as the case may be (for eg. In the case of SIs Rs.9300 - 34800 with
grade pay of 4200) from the date of completion of 20 years of regular
service;
(iii) The appropriate orders will be issued and the arrears will be paid to
the petitioners within a period of 12 weeks, failing which the
respondents would be liable to simple interest at 6% per annum on the
arrears for the period of delay.
9. Needless to state that the present order will abide by the judgment and
order to be passed by the Supreme Court in the pending SLPs, if any, on the
similar issue.
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 01, 2021
AS
