Brahmpal Bhadana & Ors. vs Union Of India And Anr.
2022 Latest Caselaw 2019 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Date of decision: July 06, 2022
+     W.P.(C) 4524/2022
      BRAHMPAL BHADANA & ORS.              ..... Petitioners
                  Through: Mr. Amrendera Kumar Mehta,
                           Mr. Gautam Kumar & Ms. Pallavi,
                           Advocates

                        Versus

      UNION OF INDIA AND ANR.                   ..... Respondents
                    Through: Mr. Ripu Daman Bhardwaj, Central
                              Government Standing Counsel with
                              Mr.R.S. Boins, Asst. Commandant

      CORAM:

      HON'BLE MR. JUSTICE SURESH KUMAR KAIT
      HON'BLE MR. JUSTICE SAURABH BANERJEE

                        J U D G M E N T (oral)

1. The present petition has been preferred by the petitioners seeking a

writ of mandamus to the respondents to fix their basic pay at Rs.7,510/-

instead of Rs.6,750/- , i.e. equivalent to the similarly placed Head

Constables under respondents No.1 & 2 and to pay arrears thereof from

01.01.2006.

2. Learned counsel appearing on behalf of petitioners submits that the

case of petitioners is squarely covered by decision of this Court in Vinoj

V.V. and Ors. Vs. Union of India and Anr. 2018 SCC OnLine Del 12714,

which has attained finality and has been followed by this Court in W.P.(C)

No. 4679/2020, dated 29.07.2020, titled as Vijesh Kumar M and Ors. Vs.

Union of India & Anr. Attention of this Court has been drawn to Para-7 of

decision in Vijesh Kumar M and Ors. (Supra), wherein it is observed as

under:-

"We therefore dispose of this petition by directing the respondents CISF to, within four weeks, examine the case of each of the 234 petitioners and if the petitioners or any of them are found entitled to the relief as granted to the petitioners in Vinoj V.V.Supra, to grant the same relief to the petitioners/ such of the petitioners, as granted in Vinoj V.V.(supra) and to release the arrears due within a further period of four weeks therefrom. If the petitioners or any of the petitioners are not found to be covered by Vinoj V.V. (supra), the respondents CISF, to within four weeks aforesaid, inform the petitioners or such of the petitioners, who, according to the respondents CISF, are not covered by the judgment, of the same, in writing, giving reasons."

3. Learned Central Government Standing Counsel appearing on behalf

of respondents submits that the case of petitioners shall be considered in the

light of the aforesaid decision in Vijesh Kumar M and Ors. (Supra) within

four weeks.

4. In view of the above, the present petition is disposed of with direction

to the respondents to examine the case of each of the 16 petitioners in terms

of decision in Vinoj V.V. and Ors. (Supra) within four weeks and if the

petitioners are found eligible, their pay be refixed and arrears thereof, along

with interest @9% p.a., be paid within four weeks thereafter. The

petitioners, who according to the respondents are not covered by decision in

Vinoj V.V. and Ors. (Supra), be informed by the respondents in writing by

citing reasons therefor.

(SURESH KUMAR KAIT) JUDGE

(SAURABH BANERJEE) JUDGE

JULY 06, 2022 r