Sanjeev Kumar Tiwari Vs Union of India through the Secretary Ministry of Home Affairs — Jharkhand HC (2024) — LawSathi Research

Sanjeev Kumar Tiwari Vs Union of India through the Secretary Ministry of Home Affairs — Jharkhand HC (2024) — LawSathi Research

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No. 1624 of 2023

With

I.A. No.238 of 2024

Sanjeev Kumar Tiwari, aged about 38 years, son of Arvind Kumar Tiwari, Resident of Village – Chechariya, P.O. Ataula, P.S. – Meral, Dist: Garhwa, Jharkhand … … Petitioner

Versus

Union of India, through the Secretary, Ministry of Home Affairs, North Block, New Delhi, P.O. & P.S: New Delhi, New Delhi;

Directorate General, Central Reserve Police Force (CRPF), Block No. 1, CGO Complex, Lodhi Road, New Delhi, P.O. & P.S: New Delhi, New Delhi;

Inspector General, Commando Battalion for Resolute Action (COBRA), CRPF, Block No. 11, Old Secretariat, Civil Lines, New Delhi, P.O. & P.S: New Delhi, New Delhi;

Inspector General of Police, Jharkhand Sector, CRPF, Tiril Ashram, Dhurwa, P.O: Dhurwa, P.S: Jagannathpur, Dist: Ranchi, Jharkhand;

Deputy Inspector General of Police, Group Centre, CRPF, Sembo, P.O &P.S: Sembo, Dist: Ranchi, Jharkhand;

Commandant, 202 BN, COBRA, CRPF, Ranchi, P.O: Dhurwa, P.S: Jagannathpur, Dist:Ranchi, Jharkhand;.

… … Respondents

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Petitioner : Mr. Om Prakash Tiwari, Advocate For the Respondents : Mr. Anil Kumar, ASGI

08 /12.03.2024 This writ petition has been filed for the following reliefs:

a) “For issuance of an appropriate writ(s)/ order(s)/ direction(s) in the nature of 'Mandamus' commanding upon the respondents to grant the benefits of ACP/MACP to the petitioner for which the petitioner is entitled on completion of 10 years of service, for which the petitioner is entitled since 2022 and which has not been paid to the petitioner till date.

And / Or

b) For further issuance of an appropriate writ(s)/ order(s)/direction(s) in the nature of 'Mandamus' commanding upon the respondents to revise the pay scale of the petitioner after granting the benefits of ACP/MACP, and also to grant the other consequential benefits for which the petitioner is duly entitled, as per law along with 12% Interest.

And/Or

c) Pass such order / writ / direction as your Lordship may deem fit & proper in the facts and circumstances of the case and accordance with law.”

2. The learned counsel for the petitioner has submitted that I.A No.238 of 2024 has been filed to challenge the decision dated 19.01.2023 whereby the claim as made by the petitioner in this particular writ petition has been rejected by passing an order. He submits that at the

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time of filing of the writ petition on 21.03.2023, the order sought to be challenged through interlocutory application was not in his possession of the petitioner and therefore the same could not be challenged while filing the writ petition.

3. The learned counsel for the respondents has submitted that now the petitioner will have to take specific grounds to challenge the order dated 19.01.2023 and, therefore, the petitioner may file a fresh writ petition instead of amending the present writ petition. He has also submitted that the foundational grounds to challenge the order dated 19.01.2023 is not available in the main writ petition.

4. After hearing the learned counsel for the parties and considering the fact that the claim of the petitioner as prayed for in this writ petition has been rejected by a reasoned order dated 19.01.2023 passed prior to filing of the writ petition but was not challenged in the writ petition as it is contended by the petitioner that the same was served upon the petitioner subsequently.

5. This Court is not inclined to proceed any further in this writ petition and is not inclined to allow the petition seeking an amendment as such amendment will change the nature of the writ petition. as the order dated 19.01.2023, if so advised, has to be challenged by taking specific grounds challenging the reasons mentioned therein.

6. In such circumstances, this writ petition is disposed of and the right is reserved with the petitioner to challenge the order dated 19.01.2023 annexed with the interlocutory application.

7. I.A. No.238 of 2024 is closed.

(Anubha Rawat Choudhary, J.)

Saurav