RAMDULAR SINGH & ANR.  Vs UNION OF INDIA & ORS.

W.P. (C) 479/202 1 Page 1 of 3
$~Suppl.-38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 479/2021
RAMDULAR SINGH & ANR. …..Petitioner s
Through: Mr. K.K. Sharma, Advocate.
Versus
UNION OF INDIA & ORS. …..Respondents
Through: Ms. Talish, Advocate.

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

% Date of decision: 13th January, 2021

J U D G M E N T
MANMOHAN , J: (Oral)
C.M.No. 1235/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application sta nds disposed of.
1. The present writ petition has been filed seeking a direction to the
Respondent No. 2 to 5 to give the benefit of the 2W.P.(C) No.479/2021
nd MACP to the Petitioner
No.1 to 6 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 their respective due dates of year 2005 by treating the MACP as
applicable since 1st January 2006 onwards.
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2. Petitioners further pray for a direction to the respondents to pay the
arrears in the above terms after rectification of their pay scale along with
consequential arrears arising therefrom.
3. Learned Counsel for the petitioners submits that the issue involved in
the present writ petition has already been decided by this Cour t 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
4. Issue notice.
September, 2019.
5. Ms. Talish , 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
8. Accordingly, the present writ petition is allowed with the following
directions: – September, 2019, of
this Court in W.P.(C) 8203/2019 (Ex.HC/GD Prahalad v. Union of India
and batch) .
(i) The benefit of the 2nd MACP will be given from the date of
completion of 20 y ears of service by treating the MACP scheme as
applicable with effect from 1st January 2006 onwards;
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(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 appropriate orders will be issued and t he arrears will be paid to
the petitioners within a period of 12 weeks, failing which the respondents would be liable to simple intere st at 6% per annum on the
arrears for the period of delay .
9. Needless to state that 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
same issue.
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 13, 2021
KA

2021:DHC:143-DB