Ashutosh Kumar vs Union Of India & Ors.
2021 Latest Caselaw 564 Del

$~Suppl.-35
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P. (C) 2284/2021, CM APPL. 6626/2021
        ASHUTOSH KUMAR                                   .....Petitioner
                    Through:             Mr.K.K.Sharma, Advocate.
                           Versus
        UNION OF INDIA & ORS.                              .....Respondents
                      Through:           Ms.Sangita Rai with Ms.Manpreet
                                         Kaur Bhasin, Advocates.

%                                     Date of Decision: 18th 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. Present Writ Petition has been filed seeking a direction to the Respondent No. 2 to 4 to summon the basic pay fixation record of the Petitioner along with basic pay fixation record of CT/GD Vikram Singh and another CT/GD Ram Naresh Kumar from the date of joining till date, in order to rectify the basic pay scale of the Petitioner.

3. Petitioner further seeks direction to the Respondents No. 2 to 4 to fix/correct the basic pay scale of the Petitioner at Rs. 37,500/- p.m. as being paid to the juniors/similarly placed personnel along with subsequent benefits and arrears to the Petitioner.

4. Learned counsel for the Petitioner states that the Petitioner is a member of the CRPF who is getting a monthly basic pay of Rs. 32,300/-

whereas his similarly placed personnel/juniors are getting monthly basic pay of Rs. 37,500/. He also states that the Respondents No. 2 to 4 did not revise/rectify the basic pay of the Petitioner despite several requests made by the Petitioner till date.

5. Learned counsel for the Petitioner states that the Petitioner recently came to know that his service record has been lost by the Respondents due to which his basic pay has not been revised till date.

6. Issue notice.

7. Ms.Sangita Rai, Advocate accepts notice on behalf of the Respondents. She points out that the Petitioner's request is pending consideration before the Group Centre, Muzaffarpur.

8. Keeping in view the facts and circumstances of the case, this Court directs the Respondent No. 4 i.e. Director of Accounts, CRPF, Rohini, New Delhi to treat the present writ petition as a representation and decide the same by way of a reasoned order within six weeks. In the event, the Petitioner is aggrieved by the decision of Respondent No.4, he shall be at liberty to file appropriate proceedings in accordance with law.

9. With the aforesaid liberty and directions, the present writ petition along with pending application stands disposed of.

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 18, 2021/KA