W.P.(C)/1867/2020 of EX ASI/GD JAGDISH RAM Vs UNION OF INDIA

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1867/2020

EX ASI/GD JAGDISH RAM

..... Petitioner

Through: Mr. O.P. Agarwal, Advocate. versus

UNION OF INDIA AND ORS.

Through: None.

..... Respondents

CORAM:

JUSTICE S.MURALIDHAR

JUSTICE TALWANT SINGH

O R R% 18.02.2020

CM APPL. 6591/2020 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 1867/2020

2. The prayers in the present petition stand covered by the decision dated 13[th] September, 2019, as modified by order dated 18[th] September, 2019, of this Court in W.P. (C) 8203/2019 (Ex-ConstableGD Prahalad v. Union of India and batch).

3. Accordingly, the petition is allowed with the following directions:

(i) The Petitioner would be given the benefit of the 1[st] financial upgradation under the ACP scheme for completion of 12 years of service for the period from 23[rd] December, 2000 to 31[st] December, 2005; upgradation under the ACP scheme for completion of 12 years of service for the period from 23[rd] December, 2000 to 31[st] December, 2005;

(ii) The benefit of the 2[nd] financial upgradation under the MACP scheme will be given from the date of completion of 20 years of service by treating the said scheme as applicable with effect 1[st] January 2006 onwards; will be given from the date of completion of 20 years of service by treating the said scheme as applicable with effect 1[st] January 2006 onwards;

(iii) The Petitioner will be placed in the appropriate pay scale of SI/HC ––etc. as the case may be (for eg. In the case of SIs Rs.9300 34800 with grade pay of 4200) from the date of completion of 12 and 20 years of regular service, respectively, up to the date of the Petitioner‟s retirement; and, with grade pay of 4200) from the date of completion of 12 and 20 years of regular service, respectively, up to the date of the Petitioner‟s retirement; and,

(iv) The appropriate revised pension orders will be issued and arrears will be paid to the Petitioner within period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears for the period of delay. be paid to the Petitioner within period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears for the period of delay.

S.MURALIDHAR, J.

FEBRUARY 18, 2020/abc

TALWANT SINGH, J.