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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Kedar Sharma & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 2030 of 2023
Decided On : 17-02-2023
Financial Upgradation - ACP Scheme - Benefit of arrears and pay scale - Revision of pension - Union of India & Ors. vs. Ex. HC/GD Virender Singh
Fact of the Case:
The petitioners sought directions to grant them the benefit of arrears of 1st Financial Upgradation, 2nd MACP Upgradation, and revision of pay and pension as per the ACP Scheme.
Finding of the Court:
The court disposed of the petition by directing the respondents to treat it as a representation and decide within six weeks, with the option for the petitioner to challenge the decision if still aggrieved.
Issues: Benefit of financial upgradation, pay scale revision, and pension arrears under the ACP Scheme.
Ratio Decidendi: The court relied on the decision of the Hon'ble Supreme Court in a similar case and directed the respondents to consider the petition as a representation and decide within a specified timeframe.
Final Decision: The petition was disposed of with directions to the respondents to decide the representation within six weeks and communicate the decision to the petitioner.
JUDGMENT (Oral)
CM APPL. 7700/2023
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 2030/2023
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 of India & Ors. vs. Ex. HC/GD Virender Singh on 22.08.2022 being SLP(C) No.16442/2021.
5. Accordingly, we hereby dispose of the present petition by giving directions to the respondents to treat the present petition as representation and decide the same within six weeks from today and the decision taken shall be communicated to the petitioner within one week thereafter.
6. Needless to say that if the petitioner is still aggrieved by the decision, he may challenge the same before the appropriate Forum.
7. In view of above, petition is disposed of.
The court's decision was influenced by the interpretation of the ACP Scheme and the reliance on a previous Supreme Court decision.
The court emphasized the importance of the respondents taking a final decision on the petitioner's representation within a specified timeframe.
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
The court's decision was influenced by a previous decision of the Hon'ble Supreme Court on the same issue.
The court mandates the Respondents to decide a pending representation concerning financial up-gradation and pay fixation within a stipulated timeframe, emphasizing procedural adherence.
The court's decision was influenced by specific Supreme Court and Division Bench judgments on financial upgradation benefits under the ACP scheme.
The court applied the principle of mandamus and relied on relevant judgments to direct the respondents to consider the petitioners' claim for financial upgradation.
Employees completing 24 years service before 31.08.2008 entitled to 2nd ACP in GP Rs.2400/- in promotional hierarchy post pay merger, ignoring prior identical upgradations, followed by 3rd MACP in GP....
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