Delhi High Court
Anil Kumar vs Sashastra Seema Bal And Anr. on 19 April, 2023
NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.04.2023.
+ W.P.(C) 4967/2023 & CM APPLs. 19374/2023 and 19375/2023
ANIL KUMAR ..... Petitioner
Through: Mr. Joby P. Varghese, Advocate.
versus
SASHASTRA SEEMA BAL AND ANR. ..... Respondents
Through: Mr. Krishna Kumar Sharma, SPC
with Mr. Anil Devlal, GP
SI Harender, SSB
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. The petitioner in his petition has made following prayers:
a) To call for the records of the case.
b) To quash the order dated 22.12.2021 being
order no. 1/E-1/37/Revised/Pay Fixation/07th CPC/
04th BN/SSB/2021/20266-68 issued by respondent
no.1 whereby petitioner's pay was revised and
reduced from Rs. 6460+ 2000 (G.P) to Rs. 5700+
2000/- (GP) w.e.f 01.01.2006.
c) To quash the order dated 22.12.2021 being
order 01.09.2022 being no. I/E-I/17/Promotion/Pay
Fix/ 4th BN SSB/ 2022/18243 refusing to modify the
order dated 21.12.2021 refixing and reducing the pay
of petitioner to Rs. 5700/-+ Rs. 2000 GP w.e.f
01.01.2006.
d) To direct refixation of petitioner's pay to Rs.
6460+2000 GP w.e.f 01.01.2006.
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB
2. The issue raised in the present petition had come before this Court
first time in W.P.(C) No. 727/2015 titled as "Dasrath & Ors. vs. Union of
India & Ors." and the same was disposed of vide Order dated 27.01.2015.
3. The aforesaid judgement was challenged by the respondents in the
Hon'ble Supreme Court and the same was dismissed vide Order dated
21.10.2019. Thereafter, the said order was complied with by the
respondents.
4. Relying upon the aforementioned judgement passed by this Court, the
petition filed by Mr. Vinod Kumar and Mr. Jitender Sharma vide W.P.(C)
6914/2013 titled as "Vinod Kumar & Anr. Vs. Union of India & Ors." and
the same was also disposed of vide Order dated 19.12.2018 with the
observation as under:
"1. In view of the earlier decision of this Court,
separate orders dated 14th December, 2018 have
been issued by the office of the Director General,
Sashastra Seema Bal, Ministry of Home Affairs,
R.K.Puram, Sector-1, East Block-V New Delhi-110
066, addressing prayer (i) of the petition in respect
of both Petitioner No.1 (Vinod Kumar) and
Petitioner No.2 (Jitender Sharma). The arrears be
paid by the Respondents to each of the Petitioners at
the earliest and in any event not later than eight
weeks from today."
5. The said order dated 19.12.2018 has also been complied with.
6. Thereafter, Officiating Commandant, 4th Battalion SSB, Lucknow
passed an Order dated 22.12.2021 wherein pay of the petitioner was re-fixed
under FR-22 (i) (a) (1) in PB-I on being re-designated as a Constable/
Tradesman of Matriculate Follower/ tradesman of that unit and was also
granted subsequent increments and the details are mentioned in Annexure P-
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB
1 (colly) of the abovesaid order.
7. Being aggrieved, the petitioner made a representation and the same
was replied vide Office Memorandum dated 01.09.2022 by stating as under:
"Further, during the course of audit of the Bn by
IAW team , they have found irregularity in pay
fixation of CT (Orderly 's) who were posted at this
unit and directed to re-fix their pay to Rs 5700/- +
2000/- (G P ). On the instant matter this office
sought clarification from Force Hqrs SSB New Delhi
in the similar matter of CT (Orderly) Surinder Singh
and FHQ SSB New Delhi vide their FAX Message
No 13/SSB/IIU /FHQ/ Pay Anomalies /20/90 dated
03/02/20 20 (copy enclosed) has clarified that , the
observation raised by IAW Audit Team in connection
with wrong fixation of pay in respect of CT
(Orderly) Surinder Singh in Rs 6460/- w e f
01/01/2006 is correct as it does not cover under the
ambit of MoF DoE OM No . 8-23 /2017-E .III A
dated 28th September , 2018 , as there is no direct
recruited for the post of CT (Orderly) on or after
01/01/2006. Further, the pay of CT (Orderly)
Jitender Sharma & Vinod Kumar have been re-fixed
in Rs 6460/- + 2000/- (G P ) w.e.f 01/01/2006 in
compliance of Hon'ble High Court of Delhi
Judgment dated 19/12/2018 against the writ petition
filed by both CT (Orderly) in High Court of Delhi."
8. Since the Judgements in Dasrath (supra) & Vinod Kumar (supra)
have already been implemented by the respondents and petitioner is
similarly situated, therefore, we hereby direct the respondents to take final
decision within four weeks in parity with the case of Dasrath (supra) &
Vinod Kumar (supra).
9. The decision so taken shall be communicated to the petitioner within
one week thereafter. Till the decision is taken by the respondents, the Order
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
NEUTRAL CITATION NUMBER: 2023:DHC:2674-DB
dated 22.12.2021 shall remain stayed qua the petitioner.
10. If the petitioner feels aggrieved by the decision so taken, he may
challenge the same before the appropriate forum.
11. In view of above, the petition and pending application, if any, stand
disposed of.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
APRIL 19, 2023/PA
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:20.04.2023
18:47:08
