Delhi High Court
Insp/Gd Robin Kumar And Ors vs Union Of India And Ors on 9 September, 2022
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.09.2022
+ W.P.(C) 13108/2022
INSP/GD ROBIN KUMAR AND ORS ..... Petitioners
Through: Ms.Ankita Patnaik, Adv.
Versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Vijay Joshi & Mr.Anirudh Shukla,
Advs. with Mr.Saurabh Bhushan, AC
(Legal) CRPF/RAF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
CM APPL. 39762/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 13108/2022
3. By way of the present petition, petitioner seeks quashing of pay
fixation orders of the petitioners upon their promotion to the rank of Sub
Inspector in CRPF through LDCE-2010 to the extent that the said pay
fixation orders fixed the pay of petitioner incorrectly at Rs.9300-34800 +
Grade Pay of Rs.4200/-. Moreover, he seeks directions to the respondents to
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:12.09.2022
16:36
refix the pay of the petitioners in the pre-revised pay structure being
Rs.10230-34800 + Grade Pay of Rs.4200/- along with all arrears and
consequential benefits.
4. During the course of hearing, the learned counsel for the petitioner
has drawn the attention of this Court to the decisions of co-ordinate bench in
the batch cases of W.P.(C) 3636/2016 titled as Braham Prakash vs. Union
of India & Ors. decided on 16.10.2018; W.P.(C) 9256/2020 titled as
Harjinder Singh & Ors. vs. Union of India & Ors. decided on 06.01.2021;
and W.P.(C) 1806/2021 titled as Insp. GD Murari Lal vs. Union of India
decided on 31.08.2021, wherein similar reliefs have been granted.
5. Consequently, the present writ petition is disposed of with a direction
to the respondents to extend the benefits of the revised option exercised by
the petitioner in terms of the abovementioned judgments and grant them all
the consequential benefits to which they would be entitled within three
months from today, provided the petitioners fulfill the criteria stipulated and
communicate the said decision thereof to the petitioners within one week
thereafter.
6. It is made clear that if the respondents find that any of the petitioner is
not fulfilling the stipulated criteria, a reasoned rejection order qua the said
petitioner shall be passed and communicated to the said petitioner within
one week thereafter.
7. In view of above, petition is disposed.
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:12.09.2022
16:36
8. Needless to state that if any of the petitioners are still aggrieved by the
decision to be taken, they may challenge the same before the appropriate
forum.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
SEPTEMBER 09, 2022/ab
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:12.09.2022
16:36
