SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Ashutosh Kumar - Appellant
Versus
Union of India - Respondent
W.P. (C) 2284 of 2021, CM Appl. 6626 of 2021
Decided On : 18-02-2021




The Court established the right to a reasoned decision regarding pay fixation discrepancies in public service, emphasizing the need for administrative accountability.

Headnote:(A) Central Reserve Police Force Act, 1949 - Petition seeking direction to rectify the basic pay scale of the petitioner to be aligned with similarly placed personnel - Petitioner is a member of CRPF, currently receiving Rs.32,300/- while juniors receive Rs.37,500/- - Service record lost by the Respondents, leading to non-revision of pay - Court directs that the matter be treated as a representation to be decided within six weeks. (Paras 2-8)

(B) Judicial Review of Administrative Action - The Court emphasizes the need for a reasoned order when addressing grievances regarding pay fixation. (Para 8)

Facts of the case:
The writ petition was filed by a CRPF member seeking rectification of basic pay, asserting that his service record had been lost and that his pay was lower than that of similarly situated personnel. Respondents acknowledged the pending decision on the matter.

Findings of Court:
The Court directs the Respondent to decide on the pay fixation request within six weeks, allowing for further legal action if the petitioner is dissatisfied with the outcome.

Issues: The main issues were the justification for the pay discrepancy and the handling of the lost service record.

Ratio Decidendi: The Court ruled that the petition regarding pay fixation should be considered as a formal representation, thereby ensuring a reasoned approach in decision-making about public servant pay structures.

Result: Writ petition disposed of with directions.

JUDGMENT

Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.

2. Present Writ Petition has been filed seeking a direction to the Respondent No. 2 to 4 to summon the basic pay fixation record of the Petitioner along with basic pay fixation record of CT/GD Vikram Singh and another CT/GD Ram Naresh Kumar from the date of joining till date, in order to rectify the basic pay scale of the Petitioner.

3. Petitioner further seeks direction to the Respondents No. 2 to 4 to fix/correct the basic pay scale of the Petitioner at Rs.37,500/- p.m. as being paid to the juniors/similarly placed personnel along with subsequent benefits and arrears to the Petitioner.

4. Learned counsel for the Petitioner states that the Petitioner is a member of the CRPF who is getting a monthly basic pay of Rs.32,300/- whereas his similarly placed personnel/juniors are getting monthly basic pay of Rs.37,500/. He also states that the Respondents No. 2 to 4 did not revise/rectify the basic pay of the Petitioner despite several requests made by the Petitioner till date.

5. Learned counsel for the Petitioner states that the Petitioner recently came to know that his service record has been lost by the Respondents due to which his basic pay has not been revised till date.

6. Issue notice.

7. Ms. Sangita Rai, Advocate accepts notice on behalf of the Respondents. She points out that the Petitioner's request is pending consideration before the Group Centre, Muzaffarpur.

8. Keeping in view the facts and circumstances of the case, this Court directs the Respondent No. 4 i.e. Director of Accounts, CRPF, Rohini, New Delhi to treat the present writ petition as a representation and decide the same by way of a reasoned order within six weeks. In the event, the Petitioner is aggrieved by the decision of Respondent No.4, he shall be at liberty to file appropriate proceedings in accordance with law.

9. With the aforesaid liberty and directions, the present writ petition along with pending application stands disposed of.

10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top