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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Darshan Lal - Appellant
Versus
Central Reserve Police Force - Respondent
W.P.(C) 11397 of 2021 & C.M. No. 35115 of 2021, W.P.(C) 11416 of 2021 & C.M. No. 35142 of 2021, W.P.(C) 11427 of 2021 & C.M. No. 35166 of 2021, W.P.(C) 11428 of 2021 & C.M. No. 35167 of 2021, W.P.(C) 11429 of 2021 & C.M. No. 35168 of 2021 and W.P.(C) 1143
Decided On : 07-10-2021




Court directs the competent authority to revise pay based on parity with contemporaries after setting aside a prior rejection, emphasizing fair treatment in the central civil services.

Headnote:(A) Central Civil Services (Revised Pay) Rules, 1997 - Petitioners seek re-fixation of their basic pay and arrears based on parity with contemporaries and juniors in service. Petitioners assert that they were underpaid since 1997 due to a lower increment under the Fifth Pay Commission. (Paras 1-5)

Facts of the case:
The Petitioners contend that their basic pay should be revised retrospectively from January 1, 1996, to rectify disparities. They referenced an office order from March 2016 and the case of K. Khader Basa as precedent for recalculating their salaries.

Findings of Court:
The Court accepted the Respondents' willingness to treat the petitions as representations and required a decision by the competent authority within twelve weeks, explicitly stating that it did not comment on the merits.

Issues: Key issues included whether the Petitioners were entitled to a re-fixation of their basic pay and the procedural aspects of addressing their representations.

Ratio Decidendi: The Court emphasized the need for the competent authority to consider the merits of the pay revision requests based on established precedents and service parity.

Result: The letter dated April 23, 2020, is set aside, and the competent authority is directed to decide representations within twelve weeks.

Table of Content
1. request for pay revision and arrears. (Para 1 , 2 , 3 , 4 , 5)
2. court accepts notice and procedural agreement. (Para 6 , 7)
3. court orders decision on petitioners' representations. (Para 8 , 9)
4. disposition of writ petitions. (Para 10)

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 01st January,1996.

4. Learned Counsel for the Petitioners states that the basic pay of the petitioners should be revised from 1st January, 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 10th 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 01st January, 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 23rd April, 2020.

9. In view of the statement made by Mr.Prakeeh, Sub-Inspector, this Court sets aside the letter dated 23rd April, 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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