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2020 Supreme(Online)(CAT) 650

CENTRAL ADMINISTRATIVE TRIBUNAL
Babu Lal Mitharwal – Appellant
Versus
M/o Home Affairs – Respondent
O.A./390/2017



ORDER

Hon’ble Mr. Sanjeeva Kumar, Member (A): By way of this OA filed under Administrative Tribunals Act, 1985, the applicant has sought the following relief(s) :

“a. Quash order No. New Delhi, the 01/12/2016 passed by the Office of the Commissioner of Police, Delhi;

Central Administrative Tribunal Principal Bench, New Delhi O.A. No.390/2017 Reserved on :26 Pronounced on : Manish Garg, Member (J) Hon’ble Mr. Sanjeeva Kumar, Member (A) , Constable (Executive) , Age about 37 years, R/o Vill & PO Sihodi, adhopur, Rajasthan) Shri Gyanant Kumar Singh) Versus Through its Secretary Ministry of Home Affairs, North Block, New Delhi-110001 Through its Secretary Ministry of Finance, North Block, New Delhi-110001 Commissioner of Police, HQ, M.S.O. Building, I.P.Estate, .

…Respondents.

Shri Gyanendra Singh) ORDER Hon’ble Mr. Sanjeeva Kumar, Member (A): By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s) :- No.19043-44/CR-II(PHQ) dated, New Delhi, the 01/12/2016 passed by the Office of the Commissioner of Police, Delhi;

Central Administrative Tribunal 6.05.2023 Pronounced on :02.06.2023 , Member (J) Hon’ble Mr. Sanjeeva Kumar, Member (A) … Applicant Through its Secretary Ministry of Home Affairs, Through its Secretary Ministry of Finance, …Respondents.

Hon’ble Mr. Sanjeeva Kumar, Member (A): Section 19 of the Administrative Tribunals Act, 1985, the applicant has II(PHQ) dated, New Delhi, the 01/12/2016 passed by the Office of the Commissioner of Police, Delhi;

b.

Direct the Respondents to grant to the Applicant a pay scale of Rs.10,300-34800/- with a Grade Pay of Rs.3200 with the initial pay being Rs.13,500 with effect from 01.12.2011 along with all arrears of pay. c.

Pass such other order(s) or direction(s) as this Hon’ble Tribunal may deem fit and just in the interest of justice.”

2. The applicant joined with Delhi Police as Constable (Executive) on 21.01.2003 in the pre-revised pay scale of Rs.3050-75-3950-4590 and subsequently placed in the pay scale of PB-1 Rs.5200-20200 with Grade Pay of Rs.2000 with effect from 01.01.2006 on the recommendation of the 6th Central Pay Commission (CPC).

The pay of Constable (Executive) in the Chandigarh Police was revised to the Pay Band of Rs.10,300-34,800/- with a Grade Pay of Rs.3,200/- with effect from 01.12.2011 in terms of a Notification dated 13.01.1992 by the Ministry of Home Affairs, Union of India. The applicant is seeking pay parity with his counterparts in the Chandigarh Police on the ground that they perform similar duties and hold the same post under the same cadre controlling authority i.e. the Union Home Ministry.

3. The applicant had earlier approached this Tribunal vide OA No.1706/2012 after the Special Commissioner of Police, Administration Delhi did not act on his representation dated 27.04.2012 seeking parity.

However, the said OA was dismissed by the Tribunal vide order dated 23.05.2016. The applicant challenged the order before the Hon’ble High Court of Delhi in Writ Petition (Civil) No.7650/2016 and on 31.08.2016, the Hon’ble High Court disposed of the Writ Petition with the following directions:

“Heard counsel for the parties. Having regard to the submissions made and taking into consideration that the representation made by the petitioner has not been decided by the respondents, as prayed the present writ petition stands disposed of in the following terms:

(i)The petitioner shall make a detailed representation to the Commissioner of Police within four weeks from today.

(ii) The Commissioner of Police, if deemed appropriate, forward the representation of the petitioner to the appropriate Ministry. The representation of the petitioner shall be decided within three months from the date of submission of representation by the petitioner by passing a reasoned order.

(iii) The reasoned order will be served upon the petitioner at the addres

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