* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.01.2026 Judgment delivered on: 20.04.2026 Judgment uploaded on: As per Digital Signature~

+ W.P.(C) 2549/2022 RAM KUNWAR SINGH AND ANR .....Petitioners versus UNION OF INDIA AND ORS .....Respondents Advocates who appeared in this case For the Petitioners : Mr Ankur Chhibber, Advocate. For the Respondents : Mr Farman Ali, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

JUDGMENT

V. KAMESWAR RAO, J.

1. This petition lays a challenge to the letters dated 22.07.2021, whereby the representation of both the petitioners for stepping up their pay equivalent with batchmates/juniors were rejected. The petitioners are seeking for stepping up of and fixation of their pay to the level of their batchmates/juniors, including arrears along with all consequential benefits.

2. This petition has been filed by the petitioners with the following prayers:-

“i. Issue a writ of certiorari quashing the letters dated 22.07.2021 whereby the representations preferred by the Petitioners for stepping up of their pay equivalent with that of his batchmates/juniors has been rejected; And ii. Issue a writ of Mandamus directing the Respondents to step up and fix the pay of Petitioners to that being equivalent to their batchmates/Juniors currently drawing basic Pay of Rs.96600/- along with arrears and all consequential benefits; Or”

3. The facts as noted from the petition are that the petitioners were appointed as Sub-Inspector. (Executive) in Central Industrial Security Force (CISF). The petitioner no.1 was promoted to the rank of Inspector on 12.03.1992. In the year 2005, the petitioner no.1 was sent on deputation with the Central Bureau of Investigation. The petitioner no.2 was sent to Delhi Police on deputation from 1985 to March 1992 and thereafter, he was repatriated to his parent cadre. The petitioner no.2 was promoted as Inspector (Exe.) in January 1993.

4. On 01.03.2013, while being on deputation, the petitioner no.1 was granted proforma promotion as Assistant Commandant („AC‟) and was repatriated upon completion of his deputation on 28.11.2014. The petitioner no.2 was promoted to the rank of AC in the year 2013. On 26.06.2021, petitioner no.1 was promoted to the rank of Deputy Commandant („DC‟). On 12.11.2021, the petitioner no.2 was promoted to the rank of DC. The petitioner no.1 superannuated from service on 30.09.2021 and the petitioner no.2 is currently posted at CISF Unit at Punjab and Haryana Secretariat, Chandigarh.

5. As per the seniority list of ACs issued by the respondents, the petitioner no.1 was at serial no.37 and petitioner no.2 was at serial no.57 in the order of seniority.

6. It is the case of the petitioners that Md. Abdus Salam, who is junior to the petitioners at Sr. no.74 of the seniority list, was drawing higher pay than the petitioners. As on July 2021, the petitioners were drawing a basic pay of Rs.93800/-; whereas Md. Abdus Salam was drawing one scale higher at Rs.96,600/-. It is also their case that, Ashwani Kumar, who joined the force in the year 1987, and serving as AC was drawing higher salary than the petitioners. The officer serving in the lower rank of AC had a basic pay of Rs.92700/- with effect from January 2021. The petitioners being senior and serving as DC were incorrectly fixed at lesser basic pay.

7. On 08.02.2021 and 23.02.2021, the petitioners made their representations requesting the respondents to remove the anomalies/discrepancies with regard to their lower basic pay than their juniors and for stepping of their pay equivalent to their juniors. On 22.07.2021, the respondents vide two separate letters, rejected the request made by the petitioners by stating, as under:-

"Shri Ram Kunwar Singh. AC Exe has been drawing increment on 01.07.1986 after fixation of pay under CCS (RP) Rules, 1986 whereas the increment date of Shri Md. Abdus Salam. AC was antedated from 01.07.1986 to 01.03.1986 at par with CISF