Delhi High Court
Karan Singh & Ors. vs Union Of India & Ors. on 8 January, 2021
$~S-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 8949/2020
KARAN SINGH & ORS. ..... Petitioners
Through Mr.K.K.Sharma, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Ms.Sarika Singh, Advocate.
% Date of Decision: 08th January, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
C.M.No.28865/2020
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) No.8949/2020
1. The present writ petition has been filed seeking a direction to the
Respondent No. 2 to 5 to give the benefit of the 2nd MACP to the Petitioner
No.1 to 6 in the pay scale of Sub Inspector @ Rs 9300-34800/- with Grade
Pay of Rs 4200/- upon completion of 20 years of regular service with the
CRPF, from their respective due dates of year 2005 by treating the MACP as
applicable since 1st January 2006 onwards.
2. Petitioners further pray for a direction to the respondents to pay the
arrears in the above terms after rectification of their pay scale along with
consequential arrears arising therefrom.
3. Learned Counsel for the petitioners submits that the issue involved in
the present writ petition has already been decided by this Court in W.P. (C)
No.8203/2019 in Ex. HC/GD Prahalad vs. Union of India and Ors vide
order dated 13th September, 2019, as modified by order dated 18th
September, 2019.
4. Issue notice.
5. Ms.Sarika Singh, Advocate accepts notice on behalf of the
respondents. She states that the five special leave petitions are pending
consideration before the Supreme Court on the same issue.
6. In rejoinder, learned counsel for the petitioners states that no SLP is
pending against the judgment and order in Ex. HC/GD Prahalad (supra),
W.P.(C) No.8203/2019 before the Apex Court.
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 18th 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 1st 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
same 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
JANUARY 08, 2021
KA
