Delhi High Court
Hargopal Singh And Ors. vs Union Of India And Ors. on 20 October, 2023
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th October, 2023
+ W.P.(C) 1394/2023
HARGOPAL SINGH AND ORS. ..... Petitioners
versus
UNION OF INDIA AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mohammad Usman Siddiqui with Mr. Aisha Siddiqui,
Mr.B.S. Randhawa and Ms. Sakeena Quidwai, Advocates.
For the Respondent: Mr. Subhash Tanwar, CGSC for UOI with Mr. Ashish
Choudhary and Mr. Sandeep Mishra, Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 55244/2023 (for early hearing)
1. Issue notice. Notice is accepted by learned counsel appearing
for respondents.
2. For the reasons stated in the application, the application is
allowed.
3. Petition is taken up for consideration today itself.
4. Next date of 20.03.2024 is cancelled.
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:35:37
W.P.(C) 1394/2023
1. The petitioners in their present petition have made following
prayers:
a) To direct the respondents to give the benefit of MACP
from the date on which they complete 20 years of
unblemished continued service and to re-fix the pay of the
petitioners.
b) To direct the respondents to give the benefit of three
financial upgradation under MACP Scheme to the next
higher grade pay in the hierarchy of pay bands from the
date on which the petitioners have completed their 20 or
30 years of their regular service.
c) To direct the respondents that while giving the benefit of
next grade pay in the pay band w.e.f their respective due
date the petitioners be placed in the grade pay of 4200
and/but not in the grade pay of 2800 which was a non-
existent post or grade in BSF_GD, at the time, when the
petitioners were entitled for their second financial
upgradation.
d) To direct the respondents to give the petitioners the
benefit of MACP w.e.f their respective due date by placing
the petitioners in the grade/scale of Sub Inspector with
corresponding pay band or scale of 5500-9000.
e) To direct the respondents to give to the petitioners the
arrears of pay and other consequential benefits arising out
of aforesaid refixation.
2. Learned counsel for the petitioners submits that in similar
circumstances, petitions filed by other individuals, inter alia W.P.(C)
461/2023 titled as Gorakhnath Singh & Anr. Vs. Union of India was
filed and this Court directed that the petition be treated as a
representation. He prays that similarly the petition of the petitioners
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:35:37
be also treated as a representation and the same be disposed of in
accordance with law.
3. Learned counsel for the respondents submits that the
representation filed by several individuals including in the case of
Gorakhnath Singh & Anr. (supra) is active consideration of the
competent authority.
4. In view of the above, this petition is disposed of directing the
respondents to treat this petition as a representation and decide the
same within a period of 8 weeks from today. The decision be
communicated to the petitioner. In case the petitioners are aggrieved
by the decision, they shall have the right to impugn the same in
accordance with law.
5. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J
MANOJ JAIN, J
OCTOBER 20, 2023
st
Signature Not Verified
Digitally Signed
Signing Date:21.10.2023
17:35:37
