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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Sajal Das - Appellant
Versus
Union of India - Respondent
W.P.(C) 5491 of 2022
Decided On : 11-11-2022




Timely decision-making in administrative processes is essential, especially concerning personnel pay structures, with specified deadlines for compliance to ensure fairness.

Headnote:(A) Central Reserve Police Force (CRPF) Pay Structure - Communication dated 05.06.2020 regarding re-fixation of pay kept in abeyance pending resolution - Directives for affidavit submission on entry pay and compliance timelines outlined in previous orders. (Paras 1-5)

(B) Administrative Law - Timeliness in decision-making for pay re-fixation emphasized; the court directed the respondent to complete the exercise within four months, ensuring all necessary parties are involved. (Paras 5)

Facts of the case:
The petitioner contended that the communication on entry pay for promotees was indefinitely postponed due to pending approvals from the Ministry of Home Affairs, prompting requests for updates on the matter, coupled with warnings of costs for non-compliance.

Findings of Court:
The court directed the respondents to finalize the exercise regarding pay re-fixation within four months and highlighted the necessity of involving all concerned forces.

Issues: The primary issue was the duration and responsiveness of the decision-making process pertaining to entry pay for promotees.

Ratio Decidendi: The court emphasized the importance of timely administrative decisions, particularly regarding personnel remuneration, and specified a four-month timeline for completion of the exercise.

Result: Petition disposed of with directions for compliance.

Table of Content
1. pending pay re-fixation decision (Para 1)
2. time extension granted for compliance (Para 2 , 3 , 4)
3. order for completion of pay exercise (Para 5 , 6)

JUDGMENT (Oral)

1. Case of the petitioner is that Director, CRPF sent a communication dated 05.06.2020 to all concerned regarding Entry pay and re-fixation of direct recruittees and promotees be kept in abeyance since the issue is pending with the Ministry of Home Affairs. On 01.04.2022, learned counsel appearing on behalf of the respondents sought time to obtain instructions as to within how much time the decision with regard to entry pay for promotees which is pending with the Ministry of Home Affairs would be taken. Thereafter matter was taken up on 04.05.2022, when further time to take instructions in compliance with order dated 01.04.2022 was sought.

2. Accordingly, vide order dated 04.05.2022, respondents were directed to file an affidavit within four weeks with an advance copy to the other side, failing which the same would be accepted with cost of Rs.15,000/- to be paid in favour of Delhi High Court Legal Services Committee.

3. Pursuant to the said order, respondents have filed status report whereby it has been stated that no proposal regarding fixation of pay at par with entry pay of direct recruit is pending with Ministry of Home Affairs as on date. However, being a matter of re-fixation of pay and audit of the same, the Audit Party is also involved during the examination of pay and if found fit for the re-fixation/Audit & drawal action may also take considerable time for the process, therefore, it is prayed to grant sufficient time for compliance of exercise.

4. Learned counsel for the respondents submits that since the issue is with regard to the para-military forces, therefore, it will take substantial time.

5. In view of aforesaid, we hereby dispose of the present petition by giving direction to the respondent no.1 to complete the exercise within four months from today by sitting together all the forces.

6. Needless to state that if the petitioner is still aggrieved by the decision to be taken by the respondents, he may challenge the same before the appropriate forum.

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