Delhi High Court
Naresh Kumar vs Directorate General Border Of ... on 2 June, 2023
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 02nd June, 2023
+ W.P.(C) 8371/2023
NARESH KUMAR ..... Petitioner
Through: Mr. Vijay Kumar, Mr. Rahul
Kr. Singh & Mr. Shailendra Kr.
Singh, Advocates.
versus
DIRECTORATE GENERAL BORDER OF SECURITY FORCE &
ORS. ..... Respondents
Through: Mr. Farman Ali, Sr. Panel
Counsel, Ms. Avshreya Pratap
Rudy & Ms. Usha Jarnal,
Advocates.
Mr. Hemendra Singh, DC
(Law) BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
CM APPL. 31999/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 8371/2023
3. Vide the present petition, the petitioner is seeking following reliefs:
"a.) issue a writ of mandamus or any other writ/
order/direction of the similar nature whereby directing the
Respondents to grant the benefits of ACPs/MACPs Scheme to
the Petitioners with effect from the date of reporting for Basic
Recruit Training;
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:02.06.2023
18:34:54
b.) 1ssue a writ of mandamus or any other writ/ order/ direction
of the similar nature whereby directing the Respondents to
upgrade the pay scale as per the benefits of ACPs/MACPs
Scheme to the Petitioners with effect from the date of reporting
for Basic Recruit Training;
c.) issue directions of a similar nature as issued by this Hon'ble
Court, whereby this Hon'ble Court granted the benefits of the
original ACPs/MACPs Scheme to the similarly situated persons
as was extended by the respondents in view of the orders made
by this Hon'ble Court from time to time."
4. Learned counsel for the petitioner submits that for the reliefs sought
in the present petition, the petitioner has made the Representation dated
16.01.2023 to the respondent No. 1/Director General, BSF, however, till
date, the said Representation dated 16.01.2023 of the petitioner has not yet
been decided by the respondent No. 1/Director General, BSF.
5. Accordingly, we hereby dispose of the present petition directing the
respondent No. 1/Director General, BSF to take a final decision on the
Representation dated 16.01.2023 of the petitioner within eight weeks from
today.
6. It is made clear that the said Representation dated 16.01.2023 be
decided by the respondent No. 1/Director General, BSF in view of the
judgments rendered by this Court, the Supreme Court and the Kerala High in
the following cases:
(i) Ravinder Kumar and Ors. vs. Union of India and Ors. W.P. (C)
3443/2023 decided on 20.03.2023.
(ii) K. Bangaru Naidu & Ors. vs. Ministry of Home Affairs and
Anr. W.P.(C) 5799/2015 decided on 07.12.2015,
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:02.06.2023
18:34:54
(iii) Satish Kumar & Ors. vs. Ministry of Home Affairs & Anr.
W.P.(C) 3461/2016 decided on 26.04.2026,
(iv) Bablu Mallick & Anr. vs. Directorate General, Border Security
Force & Ors. W.P.(C) 7011/2015, decided on
(v) Director General Border Security Force & Ors. vs. Bablu
Mallick & Anr. SLP (C) Diary No. 581/2021 decided on 03.05.2021
by the Hon'ble Supreme Court.
(vi) Shine S. & Ors. vs. Union of India & Ors. W.P.(C) 17277/2021
decided on 23.09.2021 by the Kerala High Court.
(vii) Director General Border Security Force & Ors. vs. Bablu
Mallick & Anr. Review Petition in SLP (C) 6738/2021 decided on
22.09.2022 by the Hon'ble Supreme Court.
7. The decision, so taken, shall be communicated to the petitioner with a
reasoned order within one thereafter.
8. Accordingly, the present petition is disposed of.
9. Needless to state that if the petitioner is still aggrieved by the decision
of the respondent No. 1/Director General, BSF, he may challenge the same
before the appropriate forum.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
JUNE 02, 2023
S.Sharma
Signature Not Verified
Digitally Signed
By:SAHIL SHARMA
Signing Date:02.06.2023
18:34:54
