Allowed

Dhavale Jaysing Vishwanath & Ors. v. Union of India & Anr.

Delhi HC6 Feb 2020W.P.(C)/1392/2020

Case brief

AI extract

What is this about?

Bench granted 1st and 2nd financial upgradations under ACP and MACP Schemes to petitioners upon completing 12 and 20 years of service respectively. Ex-CPL Rajpal granted pro rata pension with arrears payable within 12 weeks.

What did the court decide?

Grant of 1st upgradation under ACP after 12 years; 2nd upgradation under MACP treating as effective from 1st Jan 2006 after 20 years; placement in appropriate pay scale; payment of arrears within 12 w

Dhavale Jaysing Vishwanath & Ors. Vs Union of… — Pension and Retirement Benefits | Delhi HC (2020)

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1392/2020

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DHAVALE JAYSING VISHWANATH AND ORS.

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..... Petitioners Through: Mr. Mahendra Kumawat and Mr. Renjith B. Marar, Advocates.

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versus UNION OF INDIA AND ANR. ..... Respondents Through: Mr. Kamalkanth Jha and Mr. Suraj Kumar, Advocates.

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CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

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O R D E R % 06.02.2020

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C.M. APPL. 4856/2020

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Allowed, subject to all just exceptions.

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W.P.(C) 1392/2020

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Notice. Learned counsel for the Respondents accepts notice.

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The prayers in the present petition stand covered by the decision of this Court dated 13^th September, 2019, as modified by an order dated 18^th September, 2019, in W.P. (C) 8203/2019 (Ex. HC/GD Prahalad v. Union of India and batch ).

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Accordingly, the petition is disposed of with the following directions:

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(i) The Petitioners will be granted the benefit of 1^st financial upgradation under the ACP Scheme for having completed 12 years of regular service, till the date of their next promotion;

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(ii) The Petitioners will be granted the benefit of 2^nd financial upgradation under the MACP Scheme, by treating the said Scheme as being applicable from 1^st January, 2006, for having completed 20 years of regular service till the date of their retirement;

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(iii) 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 till the date of their retirement; and,

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(iv) The appropriate orders will be issued and arrears will be paid to the Petitioners within a period of 12 weeks, failing which the Respondents will 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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FEBRUARY 6, 2020 abc

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$~46

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 1385/2020

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EX-CPL RAJPAL ..... Petitioner Through: Ms. Pallavi Awasthi, Advocate.

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versus

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UNION OF INDIA & ORS. ..... Respondents Through: Mr. Harish V. Shankar, CGSC, and Ms. Gulabsa, Advocate.

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CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH

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O R D E R % 06.02.2020

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C.M. APPL. 4848/2020 (exemption)

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Allowed, subject to all just exceptions.

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W.P.(C) 1385/2020

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Notice. Learned counsel for the Respondents accepts notice.

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Subject to the Respondents verifying the details, the prayers in the present petition stand covered by the decisions dated 9^th January, 2019 in W.P.(C) No. 10026/2016 (Govind Kumar Srivastava v. Union of India) ; decision dated 11th December, 2019 in W.P.(C) No. 5642/2019 (Mohammad Israr Khan v. Union of India) and the decision dated 15th January, 2020 in W.P. (C) 9524/2019 (Rakesh Kumar v. Union of India) .

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Accordingly, a direction is issued to the Respondents to grant the Petitioner, upon verification, pro rata pension from the dates that he was discharged from service, with arrears being paid to the Petitioner not later than 12 weeks from today, failing which the Respondent would be liable to pay simple interest at the rate of 6% per annum on the said sum for the period of delay.

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The petition is disposed of with above directions.

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S. MURALIDHAR, J.

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TALWANT SINGH, J.

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FEBRUARY 6, 2020 abc

Dhavale Jaysing Vishwanath & Ors. v. Union of India & Anr.

Case brief

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What did the court decide?

Dhavale Jaysing Vishwanath & Ors. v. Union of India & Anr.

Case brief

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