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2021 Supreme(Del) 1022

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Navin Chawla, JJ.
Darshan Lal - Appellant
Versus
Central Reserve Police Force - Respondent
W.P.(C) 11397/2021 & C.M. No. 35115/2021 with W.P.(C) 11416/2021 & C.M. No. 35142/2021, W.P.(C) 11427/2021 & C.M. No. 35166/2021. W.P.(C) 11428/2021 & C.M. No. 35167/2021, W.P.(C) 11429/2021 & C.M. No. 35168/2021, W.P.(C) 11430/2021 & C.M. No. 35169/2021
Decided On : 07-10-2021

Advocates appeared:
Mr. Mukul Katyal, Advocate, for the Petitioner; Mr. Mukul Katyal, Advocate, for the Petitioner in W.P.(C) 11416/2021 & C.M.No.35142/2021, W.P.(C) 11427/2021 & C.M.No.35166/2021, W.P.(C) 11428/2021 & C.M. No. 35167/2021, W.P.(C) 11429/2021 & C.M. No. 35168/2021, W.P.(C) 11430/2021 & C.M.No.35169/2021; Mr. Vikrant N. Goyal, Advocate with Mr. Prakeeh, Sub Inspector, for the Respondent; Mr. Praveen Jain with Mr. Anshuman Singh, Advocates with Mr. Prakeeh, Sub Inspector, for the Respondent in W.P.(C) 11416/2021 & C.M.No.35142/2021; Mr. Harish Vaidhyanathan Shankar, CGSC with Mr. Himanshu Pathak, Ms. Bushra Kazim and Mr. Rahul Mourya, Advocates with Mr. Prakeeh, Sub Inspector, for the Respondent in W.P.(C) 11427/2021 & C.M.No.35166/2021; Mr. Nirvikar Verma, Advocate with Mr. Prakeeh, Sub Inspector, for the Respondent in W.P.(C) 11428/2021 & C.M.No.35167/2021; Mr. Anil Kaushik, CGSC with Mr. Prakeeh, Sub Inspector, for the Respondent in W.P.(C) 11429/2021 & C.M.No. 35168/2021; Mr. Naginder Benipal, Sr. Panel Counsel for UOI with Ms. Rupali Kapoor and Ms. Harithi Kambiri, Advocates with Mr. Prakeeh, Sub Inspector, for the Respondent in W.P.(C) 11430/2021 & C.M.No.35169/2021

The court emphasized the right of the petitioners to have their representations considered and decided by the competent authority in accordance with law, without commenting on the merit of the controversy.

Headnote:

Petitioners - Basic Pay Revision - The court directed the respondent to consider the petitions as representations and re-fix the basic pay of the petitioners along with arrears, based on the office order issued in March 2016 and the eligibility for revision of basic pay from 01st January, 1996.

Fact of the Case:

The petitioners sought directions to the respondent to consider their petitions as representations and re-fix their basic pay along with arrears, citing disparity in basic pay compared to their contemporaries and juniors in the force.

Finding of the Court:

The court set aside the rejection of the petitioners' representation and directed the competent authority to decide the representations within twelve weeks, without commenting on the merit of the controversy.

Issues: Disparity in basic pay, rejection of representation, and direction to consider the petitions as representations.

Ratio Decidendi: The court emphasized the need for the competent authority to decide the representations of the petitioners by way of a reasoned order in accordance with law, leaving the rights and contentions of all parties open.

Final Decision: The court disposed of the writ petitions and pending applications, directing the competent authority to decide the representations of the petitioners within twelve weeks.

JUDGMENT

Manmohan, J. (Oral). - By way of the present petitions, the Petitioners seek directions to the Respondent to consider the present petitions as representations made by the Petitioners along with the letters addressed by them to the Respondents and to re-fix the basic pay of the Petitioners along with the arrears due to them.

2. Learned Counsel for the Petitioners states that the Petitioners had written letters to the Principal, Central Training College, CRPF Gwalior (M.P.), stating that the basic pay of the Petitioners were less than their contemporaries and juniors in the force and that they wanted their basic pay to be corrected.

3. Learned Counsel for the Petitioners states that though the basic pay of the petitioners at the time of Fifth Pay Commission was Rs. 3125/-, yet the Petitioners were being paid Rs. 75/- less increment under the Fifth Pay Commission since 10th October,1997 which was effective from 01stJanuary,1996.

4. Learned Counsel for the Petitioners states that the basic pay of the petitioners should be revised from 1 stJanuary, 1996, along with the arrears, taking into account the office order issued in March 2016 pursuant to the order passed by the High Court of Madras, which had directed that pay in respect of HC/GD K Khader Basa with amendment from 01.01.1996 has to be paid to him retrospectively.

5. Learned Counsel for the Petitioners states that Petitioners are similarly placed as K. Khader Basa, who was eligible for re-fixation of basic pay from 10 th October, 1997 and had been paid arrears of basic pay retrospectively from January, 1996, making the Petitioners in the present case eligible for revision of their basic pay from 01stJanuary, 1996 along with arrears.

6. Issue notice.

7. Learned counsel for the Respondents accepts notice. Mr.Prakeeh, Sub-Inspector, who is personally present in Court states that the Respondents have no objection to consider the present batch of writ petitions as representations and decide the same in accordance with law.

8. In rejoinder, learned counsel for the Petitioners states that in one of the matters being W.P.(C) No.11416/2021 titled S.K.Motiur Rahman vs. Central Reserve Police Force, the representation of the petitioners has already been rejected vide letter dated 23rdApril, 2020.

9. In view of the statement made by Mr.Prakeeh, Sub-Inspector, this Court sets aside the letter dated 23 rdApril, 2020 and directs the competent authority to decide the representations of the Petitioners by way of a reasoned order in accordance with law within twelve weeks. This Court clarifies that it has not commented on the merit of the controversy. The rights and contentions of all the parties are left open.

10. In view of the aforesaid, the present batch of writ petitions along with pending applications stand disposed of.

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