SURENDER SINGH  Vs UNION OF INDIA & ORS.

W.P. (C) 10028 /2020 Page 1 of 3
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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 10028/2020
SURENDER SINGH …..Petitioner
Through: Mr.K.K.Sharma, Advocate
Versus
UNION OF INDIA & ORS. …Respondents
Through: Ms. Nidhi Banga, S enior Panel
Counsel Central Government for
R/UOI .

% Date of Decision: 19th January, 2021

CORAM:
HON’BLE MR. JUSTICE MANMOHAN
HON’BLE MS. JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J: (Oral)
W.P. (C) 10028/2020
1. The petition has been heard by way of video conferencing.
2. The present writ petition has been filed seeking a direction to the
Respondent No. 2 to 4 to give the benefit of the 2nd MACP to the Pet itioner
in the pay scale of Sub -Inspector @ Rs . 9300 -34800/ – with Grade Pay of Rs .
4200/ – upon completion of 20 years of regular service with the CRPF, from
his respective due date of year by treating the MACP as applicable since 01st
January 2006 onwards.
2021:DHC:218-DB W.P. (C) 10028 /2020 Page 2 of 3
3. Petitioner further prays for a direction to the respondents to pay the
arrears in the above terms after rectification of his pay scale along with
consequential arrears arising therefrom.
4. Learned Counsel for the petitioner submits that the issue involved in
the present writ petition has already been decided by this Court in W.P. (C)
No.8203/2019 in Ex. HC/GD Prahalad v s. Union of India and Ors vide
order dated 13th September, 2019, as modified by order dated 18th
September, 2019.
5. Issue notice.
6. Ms. Nidhi Banga , Advocate accepts notice on behalf of the
respondents. She states that five special leave petitions are pending
consideration before the Supre me Court on the same issue.
7. In rejoinder, learned counsel for the petitioner 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.
8. Having heard learned counsel for the part ies, this Court is of the view
that the prayer in the present petition stands covered by the decision dated
13th 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 b atch) .
9. Accordingly, the present writ petition is allowed with the following
directions: –
(i) The benefit of the 2ndMACP will be given from the date of
completion of 20 years of service by treating the MACP scheme as
applicable with effect from 1stJanuary 2006 onwards;
2021:DHC:218-DB W.P. (C) 10028 /2020 Page 3 of 3
(ii) The p etitioners 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 app ropriate orders will be issued and t he arrears will be paid
to the p etitione r 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. Needless to state that the p resent order will abide by the judgment and
order to be passed by the Supreme Court in the pending SLPs , if any, on the
same issue.
11. 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 19, 2021
ck

2021:DHC:218-DB