JAGDISH SINGH  Vs UNION OF INDIA & ORS.

W.P. (C) 10270 /2020 Page 1 of 3
$~S-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 10270/2020

JAGDISH SINGH ….. Petitioner
Through Mr.K.K.Sharma, Advocate.

versus

UNION OF INDIA & ORS. ….. Respondents
Through Ms.Sunieta Ojha , Advocate.

% Date of Decision: 11th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN
HON’BLE M S. JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J: (Oral)
C.M.No. 32518 /2020
Exemption allowed, subj ect to all just exceptions.
Accordingly, the application stands disposed of.
1. Present writ petition has been filed seeking a direction to the
Respondents No. 2 to 4 to give the benefit of 2W.P.(C) No. 10270/2020
nd Modified Assured Ca reer
Progression Scheme ( MACP) to the Petitioner in the pay scale of Sub
Inspector @ Rs 9300 – 34,800/- with Grade pay of Rs 4200/- from 15th April
2006 upon completion of 20 years of regular service with CRPF by treating
2021:DHC:103-DBW.P. (C) 10270 /2020 Page 2 of 3
the MACP as applicable since 01st
2. Learned counsel for the petitioner states that the issue involved in the
present writ petition has already been decided by this Court in W.P.(C)
8203/2019 Ex. HC/GH Prahalad Vs. Union of India and Ors. vide order
dated 13 Janua ry, 2006 onwards; and to revise the
pay of the Petitioner in above said terms and give the arrears to the
Petitioner after rectification/revision of his pays scale along with subsequent
benefits arising therefrom.
th September, 2019 as modified by order dated 18th
3. Learned counsel for the Petitioner further submits that the
Respondents have given the benefit of the 2 September,
2019.
nd MACP in an incor rect
manner i.e. pay band of Assistant Sub-Inspector post @ 5200 -20200/ – +
Grade pay Rs.2800 since 01st
4. Issue notice. September, 2008, (i.e. when the MACP
scheme came into force).
5. Ms.Sunieta Ojha , Advocate accepts notice on behalf of the
respondents. She states that a number of special leave petitions are pending
consideration before the Supreme Court on the same issue.
6. In rejoinder, learned counsel for the petitioners states that no SLP is
pending against the judgment and order in Ex. HC/GD Prahalad (supra) ,
W.P.(C) No.8203/2019 before the Apex Court.
7. Having heard learned counsel for the parties, this Court is of the view
that the prayer in the present petition stands covered by the decision dated 13
th September, 2019, as modified by order dated 18th September, 2019, of
this Court in W.P.(C) 8203/2019 (Ex.HC/GD Prahalad v. Union of India
and batch) .
2021:DHC:103-DBW.P. (C) 10270 /2020 Page 3 of 3
8. Accordingly, the present writ petition is allowed with the following
directions: –
(i) The benefit of the 2nd MACP will be given from the date of
completion of 20 years of service by treating the MACP scheme as
applicable with effect from 01st
9. Needless to state t hat the present order will abide by the judgment and
order to be passed by the Supreme Court in the pending SLPs, if any, on the
similar issue. January 2006 onwards;
(ii) The petitioners 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 20 years of regular
service;
(iii) The appropriate orders will be issued and the arrears will be paid to
the petitioners within a 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.
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 11, 2021
KA
2021:DHC:103-DB