Research › Search › Judgment

Delhi High Court · body

2017 DIGILAW 3546 (DEL)

Premanand v. Union of India

2017-09-12

NAVIN CHAWLA, SANJIV KHANNA

body2017
JUDGMENT : SANJIV KHANNA, J. Premanand was appointed as a Constable (Cook) in the Central Reserve Police Force on 6th May, 1981. 2. After rendering about 34 years of service, the petitioner retired on 31st October, 2016. 3. During this service career, the petitioner did earn any promotion, albeit was granted financial upgradations under the Assured Career Progression Scheme (ACP Scheme, for short) and Modified Assured Career Progression Scheme (MACP Scheme, for short). 4. The question raised in the present writ petition is whether financial upgradations were correct and in accordance with two schemes in view of the Central Civil Services (Revised Pay) Rules, 2008 (Revised Pay Rules, 2008) with effect from 1st January, 2006. 5. The petitioner was granted first financial upgradation under the ACP Scheme on 9th August, 1999 after 12 years of regular service. Consequent to the said financial upgradation, the petitioner was granted promotional pay-scale of Rs.2750-4400. 6. The petitioner vide order dated 11th June, 2010 was granted second financial upgradation in the pay scale of Rs. 3050/-4590/- with effect from 6th May, 2005 after completion of 24 years of regular service. 7. Upon implementation of the Revised Pay Rules, 2008, the petitioner was granted fitment scale of Rs.5200-20200 in Pay Band-I with grade pay of Rs. 2000/- with effect from 1st January, 2006. 8. However, controversy and dispute arose as to the correct fitment scale applicable to the post of Constable upon implementation of Revised Pay Rules, 2008. This controversy was decided by the Delhi High Court in W.P. (C) No. 3930/2011, Daftry Bhim Singh and Ors. Vs. Union of India and Ors., vide judgment dated 28th September, 2011, holding that Constables working as Peons, Cooks, Farashs and Daftries were entitled to Grade Pay @ Rs.2000/- with effect from 1st January, 2006. The aforesaid pay-scale became the entry level pay-scale applicable to Constables working as Peons, Cooks, Farashs and Daftries including the petitioner. 9. Pursuant the aforesaid decision, the respondents have issued several office orders accepting and applying the benefit and directions given in Daftry Bhim Singh and Ors. (supra). Copy of the said office orders have been placed on record as Annexure A-9 and A-10 to the present writ petition. 10. The petitioner accordingly with effect from 1st January, 2006 was entitled to fitment in the Grade Pay of Rs.2800/- being the next higher Grade Pay after Rs. 2000/- and Rs. (supra). Copy of the said office orders have been placed on record as Annexure A-9 and A-10 to the present writ petition. 10. The petitioner accordingly with effect from 1st January, 2006 was entitled to fitment in the Grade Pay of Rs.2800/- being the next higher Grade Pay after Rs. 2000/- and Rs. 2400/- as per the First Schedule, Part A of Section 1 of the Revised Pay Rules, 2008. This fitment would be applicable as the petitioner was entitled to two financial upgradations from the Grade Pay of Rs.2000/-. 11. According to us, the respondents have committed an error in granting the Grade Pay of Rs.2400/- with effect from 1st January, 2006. The petitioner was entitled to Grade Pay of Rs.2800/- with effect from 1st January, 2006. Grant of Grade Pay of Rs.2400/- would mean that the petitioner would be denied benefit of the first and second financial upgradation. The petitioner in view of the ratio in Daftry Bhim Singh and Ors. Vs. Union of India and Ors., (supra) as a sequitur would be entitled to Grade Pay of Rs.2800/- with effect from 1st January, 2008. 12. The petitioner was granted third financial upgradation under the MACP Scheme with effect from 6th May, 2011 on completion of 30 years of regular service. The third financial upgradation consequent to the findings recorded above would be in the Grade Pay of Rs.4200/- as per the First Schedule, Part-A of Section 1 of the Revised Pay Rules, 2008. 13. In view of the aforesaid position, we would allow the present writ petition with a direction that the petitioner would be entitled to the Grade Pay of Rs. 2800/- and Rs. 4200/- with effect from 1st January, 2006 and 6th May, 2011, respectively. 14. The respondents would compute the arrears of salary as well as the pension payable to the petitioner in accordance with the above directions and pay the same within four months from the date a copy of this order is received. In case payment is delayed beyond four months, the respondents would pay interest @ 8% per annum from the date of this order till payment is made. In the facts of the present case, there would be no order as to costs.