Allowed

Mohd. Azam v. Union of India and Ors.

Delhi HC6 Dec 2019W.P.(C)/12823/2019

Case brief

AI extract

What is this about?

The High Court of Delhi allowed writ petitions filed by Central Reserved Police Force personnel seeking financial upgradation benefits under the Assured Career Progression and Defence Staff Welfare schemes despite missing pre-promotional training. The Court directed respondents to implement orders without forcing petitioners to file new writs.

What did the court decide?

Petitioners granted benefits of 2nd financial upgradation under ACP scheme and appropriate pay scales and pension arrears from the date of completing 24 years of service.

Mohd. Azam Vs Union of India and Ors. — Pension and Retirement Benefits | Delhi HC (2019)

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$~18, 19, 21, 23 & 24

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12811/2019 RAM KUMAR ..... Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

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versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. D.S. Mehandra, Senior Panel Counsel with Mr. R.M. Tripathi, Advocate for UOI. + W.P.(C) 12812/2019 RAM LAL ..... Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates. versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. D.S. Mehandra, Senior Panel Counsel with Mr. R.M. Tripathi, Advocate for UOI.

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W.P.(C) 12818/2019

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KAMAN SINGH GURUNG ..... Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

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W.P.(C) 12811/2019 and batch Page 1 of 5

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versus

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UNION OF INDIA AND ORS. ..... Respondent Through: Mr. D.S. Mehandra, Senior Panel Counsel with Mr. R.M. Tripathi, Advocate for UOI. Mr. Bhagwan Swarup Shukla, CGSC with Ms. Sonam, Advocate.

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+ W.P.(C) 12821/2019

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AKHTARI BEGUM ..... Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

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versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. D.S. Mehandra, Senior Panel Counsel with Mr. R.M. Tripathi, Advocate for UOI. + W.P.(C) 12823/2019 MOHD. AZAM ..... Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

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versus

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UNION OF INDIA AND ORS. ..... Respondent Through: Mr. D.S. Mehandra, Senior Panel Counsel with Mr. R.M. Tripathi, Advocate for UOI.

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W.P.(C) 12811/2019 and batch Page 2 of 5

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CORAM:

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JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

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O R D E R % 06.12.2019

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CM APPL. 52320/2019 in W.P. (C) 12811/2019, CM APPL. 52321/2019 in W.P. (C) 12812/2019, CM APPL. 52338/2019 in W.P. (C) 12818/2019, CM APPL. 52347/2019 in W.P. (C) 12821/2019 and CM APPL. 52381/2019 in W.P. (C) 12823/2019 (exemption)

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Allowed, subject to all just exceptions.

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W.P. (C) 12811/2019, W.P. (C) 12812/2019, W.P. (C) 12818/2019, W.P. (C) 12821/2019 and W.P. (C) 12823/2019

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Notice. Notice is accepted by learned counsel for the Respondents.

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These are petitions seeking the grant of benefits of the 2^nd financial upgradation under the Assured Career Progression (‘ACP’) scheme to Central Reserved Police Force (‘CRPF’) personnel, from the date that they actually completed 24 years of regular service. The ground on which such benefit has been denied by the Respondents is that the said personnel did not complete their pre-promotional training course by the time of completion of 24 years of regular service. Additionally, some of the petitions also seek a direction to the Respondents for grant of benefits of the 1^st financial upgradation under the ACP scheme and 2^nd financial upgradation under the MACP scheme.

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The prayers in these petitions stand covered by the decisions of this Court

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W.P.(C) 12811/2019 and batch Page 3 of 5

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dated 5^th January, 2015 in W.P.(C) 22/2015 (Jaswant Singh v. Union of India) , 11^th October, 2013 in W.P.(C) 6650/2013 (Suraj Bhan v. Union of India), 6^th September, 2013 in W.P.(C) 5539/2013 (Jaipal Singh v. Union of India) and 13^th September, 2019, as modified by order dated 18^th September, 2019, of this Court in W.P.(C) 8203/2019 (Ex.HC / GD Prahalad v. Union of India and batch ).

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Accordingly, the petitions are allowed. By separate orders in each of the petitions, specific directions have been issued to the Respondents to grant the Petitioners the ACP and/or MACP benefits, as prayed for in their respective petitions.

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The Court notices that it continues to be flooded with individual petitions seeking identical reliefs, notwithstanding a detailed order dated 10^th April, 2018 passed by this Court in this regard in the presence of the Officers of the various CAPFs, recording an assurance that they will themselves comply with the orders of this Court and not drive each individual member of the forces to file petitions for identical reliefs. Yet, the position does not appear to have changed.

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A direction is issued to the learned counsel appearing for the Respondents today that they will write letters to the Director Generals (DGs) of their respective CAPFs enclosing a copy of the order dated 10^th April, 2018 as well as a copy of today’s order and require the DGs to clearly issue instructions to implement the binding orders of this Court in respect of identically placed

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W.P.(C) 12811/2019 and batch Page 4 of 5

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persons without compelling them to file individual petitions to this Court. These letters should be personally delivered to the DGs concerned, not later than one week from today.

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A copy of the order be given dasti under the signatures of the Court Master.

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S. MURALIDHAR, J.

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TALWANT SINGH, J.

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DECEMBER 06, 2019 pa

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W.P.(C) 12811/2019 and batch Page 5 of 5

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 12823/2019

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MOHD. AZAM ..... Petitioner

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Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates.

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versus

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UNION OF INDIA AND ORS. ..... Respondents Through: Mr. D. S. Mahendra, Senior Panel Counsel with Mr. R. M. Tripathi, Advocate for UOI.

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CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

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O R D E R % 06.12.2019

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CM APPL. 52381/2019 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(C) 12823/2019

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In terms of a common order passed today in W.P.(C) 12811/2019 ( Ram Kumar v. Union of India and batch ) the Court has allowed the present petition.

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The following directions are issued to the Respondents:

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(i) The Petitioner will be granted the benefits of the 2^nd financial

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upgradation under the ACP scheme from the date of his having completed 24 years of regular service, irrespective of his not having completed the pre-promotional course at the time that he completed 24 years of regular service;

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(ii) 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 24 years of regular service till the date of the next promotion; and,

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

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S.MURALIDHAR, J.

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TALWANT SINGH, J.

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DECEMBER 6, 2019 pa

Mohd. Azam v. Union of India and Ors.

Case brief

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Mohd. Azam v. Union of India and Ors.

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