The court mandates the Respondents to decide a pending representation concerning financial up-gradation and pay fixation within a stipulated timeframe, emphasizing procedural adherence.

Headnote:(A) Constitution of India - Petition seeking second financial up-gradation under the ACP Scheme after 24 years of service and consequential benefits including arrears as per O.M. dated 09th August, 1999 - Petitioner retired voluntarily from BSF and claims pay fixation based on hierarchy - Exemption application allowed. (Paras 2-5)

(B) Writ jurisdiction - Direction issued to the Respondents to decide Petitioner’s pending representation with a reasoned order within eight weeks without commenting on merits. (Para 5)

Facts of the case:
The writ petition was filed seeking directions for second financial up-gradation and pay fixation, after retirement in accordance with the ACP Scheme and O.M. dated 09th August, 1999. Petitioner’s representation dated 07th December, 2021 was still pending before the authorities.

Findings of Court:
The writ petition is disposed of, directing the Respondents to resolve the pending representation in accordance with the law.

Issues: The main issue addressed was the pending nature of the Petitioner’s representation regarding financial up-gradation and pay fixation under the ACP Scheme.

Ratio Decidendi: The court affirmed the need for the Respondents to address the Petitioner’s representation in a reasoned manner and clarified that it had not commented on the merits of the case.

Result: Writ petition disposed of.

Table of Content
1. court's procedural observations (Para 1 , 4)
2. petitioner's request for financial up-gradation (Para 2 , 3)
3. direction for timely decision on representation (Para 5)

JUDGMENT

Manmohan, J. (Oral)

C.M.No.3520/2022

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

W.P.(C) No.1198/2022

1. The matter has been heard by way of video conferencing.

2. Present writ petition has been filed seeking directions to the Respondents for granting the benefit of second Financial up-gradation on completion of 24 years of service under the ACP Scheme in the Pay Scale of Rs.5500-175-9000 from 9th August, 1999 to 30th September, 1999, till the date, the petitioner had retired voluntarily from BSF and other consequential benefits including arrears of payment as per O.M. dated 09th August, 1999. Petitioner also seeks directions to the Respondents to fix the pay of the Petitioner which has been revised now as per hierarchy after granting the financial up-gradation under ACP Schemes from the due date of 09th August, 1999.

3. Learned counsel for the Petitioner states that the Petitioner's representation dated 07th December, 2021 is still pending with regard to the aforesaid prayers before the authorities.

4. Issue notice. Mr. Satya Ranjan Swain, Advocate accepts notice on behalf of the Respondents.

5. Keeping in view the averments in the present writ petition, this Court disposes of the writ petition with a direction to the Respondents to decide the Petitioner's representation dated 07th December, 2021 by way of a reasoned order, in accordance with law, within eight weeks. This Court clarifies that it has not commented on t he merit of the controversy. The rights and contentions of all the parties are left open.

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