Allowed

Constable Vijender Pal (Retd.) v. Union of India and Anr.

Delhi HC9 Jan 2020W.P.(C)/12933/2019

Case brief

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What is this about?

The Delhi High Court allowed the petition, holding that the prayers were covered by prior Supreme Court and High Court decisions regarding police personnel. The Court directed the respondent to grant financial upgradation benefits under ACP and MACP schemes and to issue revised pension orders with arrears payment.

What did the court decide?

Granting benefits of 1st financial upgradation (ACP), 2nd financial upgradation (MACP), appropriate pay scale, and revised pension orders with arrears payment within 12 weeks.

Constable Vijender Pal (Retd.) Vs Union of… — Pension and Retirement Benefits | Delhi HC (2020)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ W.P.(C) 12933/2019

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CONSTABLE VIJENDER PAL (RETD.) …. Petitioner Through Mr. Pankaj Mehta, Advocate with Mr. Parmod Kalirana and Mr. Harshit Agarwal, Advocates. Versus

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UNION OF INDIA & ANR. ..... Respondents Through Mr. Virender Pratap Singh Charak, Advocate along with Ms. Shubhra Parashar, Mr. Pueshpender Singh and Mr. Kapil Gaur, Advocates for the Respondents.

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CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

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O R D E R % 09.01.2020

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The prayers in the present petition stand covered by the decision of the Supreme Court in Union of India v. Balbir Singh Turn (2018) 11 SCC 99 as well as the subsequent decision of this Court in W.P.(C) 3549/2018 ( Sunil Kumar Tyagi v. Union of India ) and the decision dated 13^th September, 2019, as modified by order dated 18^th September, 2019, of this Court in W.P. (C) 8203/2019 (Ex-Constable GD Prahalad v. Union of India and batch ).

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Accordingly, the petition is allowed with the following directions issued to the Respondents:-

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(i) The Petitioner will be granted the benefits of the 1^st financial upgradation under the ACP scheme from the date of his having completed 12 years of regular service till the date of his next promotion, by treating the said scheme as applicable with effect from 1^st August, 1999.

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(ii) The Petitioner will be granted the benefits of the 2^nd financial upgradation under the MACP scheme from the date of his having completed 20 years of regular service by treating the said scheme as applicable from 1^st January, 2006.

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(iii) 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 20 years of regular service up to the date of his retirement.

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(iv) 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 simple interest at 6% per annum on the arrears of period of delay.

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S.MURALIDHAR, J.

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TALWANT SINGH, J.

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JANUARY 09, 2020

Constable Vijender Pal (Retd.) v. Union of India and Anr.

Case brief

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What did the court decide?

Constable Vijender Pal (Retd.) v. Union of India and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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