Kedar Sharma vs Union of India - 2023 Supreme(Del) 2450

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 2450

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kedar Sharma – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mohammad Usman Siddiqui, Ms.Aisha Siddiqui, Mr.B.S. Randhawa, Ms.Sakeena Quidwai & Md. Asim, Advocates, for the Petitioners.
Mr.Shrey Sharawat, SPC with Mr.Mohit Auluck, Mr.Vivek Nagar, Advocates, for the Respondents.
Sh. Hemandra Singh, DC (LAW) BSF.

JUDGMENT (Oral)

CM APPL. 7700/2023

1. Allowed, subject to just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners pray as under:

a) To direct the respondents to grant 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 of Head Constable (GD);

b) To direct the respondents to grant 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 the 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.

4. Learned counsel for the petitioner submits that this issue has already been decided by the Hon'ble Supreme Court in the case of Union o

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