Subhash Chander vs Union Of India - 2023 Supreme(Del) 180

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 180

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
Subhash Chander & Ors. – Appellant
Versus
Union Of India & Ors. - Respondents
W.P.(C) 929 of 2023 & CM APPL. 3618 of 2023
Decided on : 24-01-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Mani Tripathi, Advocate.
For the Respondent: Mr. Raj Kumar, Ms. Priti Sharma, Sh. Hemendra Singh DC LAW BSF

Headnote:
Completion of service - Grant benefit of arrears - To direct respondents to grant petitioners benefit of arrears of 1st Financial Upgradation in ACP Scheme from date of completion of their 12 years of service till date of promotion as Head Constable - Held, In view of averments made in present petition, Court hereby dispose of present petition directing respondents to take present petition as representation filed by petitioner and same shall be decided within 8 weeks from today - Decision taken shall be conveyed to each of petitioner in writing - Petition disposed of.

JUDGMENT :

1. The petitioners in his petition has made following prayer:

a) To direct the respondents to grant the petitioners the benefit of arrears of 1st Financial Upgradation in the ACP Scheme from the date of completion of their 12 years of service till the date of promotion as Head Constable.

b) To direct the respondents to grant the petitioners the benefit of 2nd MACP Upgradation on completion of 20 years of service in the pay band of 9300-34800 with grade pay of 4200, from the date of completion of 20 years of service.

c) To direct the respondents to fix the pay of petitioners in eligible and admissible pay scales as per hierarchy after granting financial upgradation under MACP from their respective due dates in the pay scale of SI with Admissible grade pay;

d) To direct the respondents to issue revised pension order paying arrears of pension in cases of petitioner nos. 16 and 23 and the arrears of pay, accordingly on the interest @ 12 % p.a. from the date due.

2. In view of the averments made in the present petition, we hereby dispose of the present petition directing the respondents to take the present petition as representation filed by the petitioner and the same shall be decided within 8 weeks from today. The decision taken shall be conveyed to each of the petitioner in writing.

3. Needless to say that if the petitioner is still aggrieved, he may challenge the same before the appropriate forum.

4. The petition is accordingly disposed of along with pending applications.

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