Disposed

Bhagwan Sahay Son of Sh. Mali Ram v. Union of India

Rajasthan HC18 Nov 2022CW/6522/2020

Case brief

AI extract

What is this about?

The High Court disposed of multiple connected writ petitions concerning MACP Scheme benefits for CRPF personnel. Counsel agreed the issues were covered by a Supreme Court judgment. The court disposed of all petitions, applications, and stay petitions in terms of that Supreme Court order without detailed analysis.

What did the court decide?

Petitions, applications, and stay petitions disposed of in terms of Union of India v. Ex. HC/GD Virender Singh (AIR 2022 SC 3942).

Bhagwan Sahay Son of Sh. Mali Ram Vs Union… — Pension and Retirement Benefits | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 6519/2020

¶3

Umed Singh Son Of Sh. Hansram, Aged About 55 Years, Resident Of Village And Post Ghardana Khurd, Tehsil Buhana, District Jhunjhunu (Raj.)

¶4

----Petitioner

¶5

Versus

¶6

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶7

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶8

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶9

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶10

----Respondents

¶11

CONNECTED WITH

¶12

S.B. Civil Writ Petition No. 6497/2020

¶13

Jagdish Harijan Son Of Sh. Bhola Ram, Aged About 47 Years, Resident Of Village Sihore, Post Sihore, Tehsil Khetri, District Jhunjhunu (Raj.)

¶14

----Petitioner

¶15

Versus

¶16

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶17

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶18

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶19

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(2 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6498/2020

¶24

Mahender Singh Son Of Sh. Niwash, Aged About 50 Years, Resident Of Village Godaran Ki Dhani, Post Ojtoo, Tehsil Chirawa, Police Station Chirawa, District Jhunjhunu (Raj.)

¶25

----Petitioner

¶26

Versus

¶27

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶28

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶29

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶30

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶31

----Respondents

¶32

S.B. Civil Writ Petition No. 6499/2020

¶33

Sanwar Mal Jangir Son Of Sh. Moola Ram, Aged About 53 Years, Resident Of Village Makro, Post Makro, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)

¶34

----Petitioner

¶35

Versus

¶36

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶37

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶38

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶39

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(3 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6506/2020

¶44

Parasmal Jangid Son Of Sh. Ramjilal, Aged About 51 Years, Resident Of Village Khatipura, Post Ranwa, Tehsil Khetri, Police Station Khetri, District Jhunjhunu (Raj.)

¶45

----Petitioner

¶46

Versus

¶47

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶48

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶49

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶50

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶51

----Respondents

¶52

S.B. Civil Writ Petition No. 6511/2020

¶53

Jale Singh Son Of Sh. Bholaram, Aged About 47 Years, Resident Of Village Maharana, Post Khanpur, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)

¶54

----Petitioner

¶55

Versus

¶56

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶57

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶58

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶59

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(4 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6513/2020

¶64

Subhash Chandra Son Of Sh. Phool Chand, Aged About 48 Years, Resident Of Village Dhana, Post Khetri Nagar, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)

¶65

----Petitioner

¶66

Versus

¶67

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶68

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶69

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶70

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶71

----Respondents

¶72

S.B. Civil Writ Petition No. 6515/2020

¶73

Ramotar Son Of Sh. Harphool Singh, Aged About 54 Years, Resident Of Village Moi Bharu, Post Singhana, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)

¶74

----Petitioner

¶75

Versus

¶76

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶77

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶78

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶79

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(5 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6520/2020

¶84

Mahendra Singh Son Of Sh. Dulichand, Aged About 51 Years, Resident Of Village Makro, Post Makro, Tehsil Buhana, Police Station Singhna, District Jhunjhunu (Raj.)

¶85

----Petitioner

¶86

Versus

¶87

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶88

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶89

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶90

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶91

----Respondents

¶92

S.B. Civil Writ Petition No. 6522/2020

¶93

Bhagwan Sahay Son Of Sh. Mali Ram, Aged About 49 Years, Resident Of Village And Post Nathusar, Tehsil Sri Madhopur, Police Station Sri Madhopur, District Sikar (Raj.)

¶94

----Petitioner

¶95

Versus

¶96

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶97

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶98

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶99

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(6 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6523/2020

¶104

Mohammad Iqbal Son Of Mohd. Sanif Khan, Aged About 52 Years, Resident Of Village And Post Tain, Tehsil Malsisar, District Jhunjhunu (Raj.)

¶105

----Petitioner

¶106

Versus

¶107

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶108

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶109

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶110

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶111

----Respondents

¶112

S.B. Civil Writ Petition No. 6529/2020

¶113

Hawa Singh Son Of Sh. Ranjeet Singh, Aged About 48 Years, Resident Of Village Gunti, Post Gunti, Tehsil Buhana, Police Station Pacheri, District Jhunjhunu (Raj.)

¶114

----Petitioner

¶115

Versus

¶116

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶117

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶118

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶119

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(7 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6530/2020

¶124

Chaten Prakash Son Of Sh. Phool Singh, Aged About 48 Years, Resident Of Village Bighopur, Post Dholeda, Tehsil Narnaul, District Mahender Garh (Hariyana) Presently Residing At Village Khatipura, Post Ranwa, Tehsil Khetri, Police Station Khetri, District Jhunjhunu (Raj.)

¶125

----Petitioner

¶126

Versus

¶127

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶128

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶129

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶130

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶131

----Respondents

¶132

S.B. Civil Writ Petition No. 6532/2020

¶133

Om Singh Son Of Sh. Bishan Singh, Aged About 51 Years, Resident Of Village And Post Tain, Tehsil Malsisar, District Jhunjhunu (Raj.)

¶134

----Petitioner

¶135

Versus

¶136

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶137

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶138

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶139

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(8 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 6551/2020

¶144

Rakesh Kumar Son Of Sh. Ghadashi Ram, Aged About 52 Years, Resident Of Village Bhaisawata Khurd, Post Bhaisawata Khurd, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)

¶145

----Petitioner

¶146

Versus

¶147

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶148

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶149

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶150

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶151

----Respondents

¶152

S.B. Civil Writ Petition No. 6602/2020

¶153

Babulal Raigar Son Of Sh. Mali Ram, Aged About 45 Years, Resident Of Village And Post Nathusar, Tehsil Sri Madhopur, Police Station Shri Madhopur, District Sikar (Raj.)

¶154

----Petitioner

¶155

Versus

¶156

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶157

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶158

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶159

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(9 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 8910/2020

¶164

Omprakash Son Of Sh. Khem Chand, Aged About 52 Years, Resident Of Village Makro, Post Makro, Tehsil Buhana, District Jhunjhunu (Raj.)

¶165

----Petitioner

¶166

Versus

¶167

Union Of India, Through Director General, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodhi Road, New Delhi, India. Pin-110003

¶168

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India-110003

¶169

Deputy Director(Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India-110003

¶170

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India)-110018

¶171

----Respondents

¶172

S.B. Civil Writ Petition No. 13126/2020

¶173

Thana Ram Son Of Sh. Maidhan, Aged About 52 Years, Resident Of Village Moi Bharu Post Basawata Khurd, Tehsil Buhana, District Jhunjhunu (Raj.)

¶174

----Petitioner

¶175

Versus

¶176

Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003

¶177

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶178

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶179

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

----Respondents

(10 of 12)

[CW-6519/2020]

S.B. Civil Writ Petition No. 13282/2020

¶184

Jale Singh Son Of Sh. Rupchand, Aged About 55 Years, Resident Of Village Pannesinghpura Post Budanpura, Tehsil Chirawa, District Jhunjhunu (Raj.)

¶185

----Petitioner

¶186

Versus

¶187

Union Of India, Through Director General, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodhi Road, New Delhi, India.

¶188

Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶189

Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.

¶190

Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018

¶191

----Respondents

¶192

For Petitioners	: Mr. Ashwani Jangid
For Respondents	: Mr. Mr. Rajendra Prasad Sharma with Ms. Sanju Saini and Mr. Abhimanyu Singh
For Respondent-UOI	: Ms. Manjeet Kaur Mr. Devesh Bansal (through VC) Mr. Ashish Kumar

¶193

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

¶194

18/11/2022

¶195

Learned counsel for the parties are in agreement that the controversy involved in these writ petitions are squarely covered by the judgment dated 22.08.2022 rendered by the Hon’ble Supreme Court of India in Union of India and Others v. Ex. HC/GD Virender Singh reported in AIR 2022 Supreme Court

3942.

(11 of 12)

[CW-6519/2020]

The Hon’ble Supreme Court of India in the case of Union of

¶200

India (supra) has held as under :-

¶201

“ 11. On the third aspect, we should record the concession rightly made by the Additional Solicitor General during the course of the hearing that the personnel working in the Central Armed Forces would be granted financial benefit under the MACP Scheme on completion of prescribed years of regular service by relaxation in cases where, on account of administrative or other reasons, they could not be sent for participation in pre-promotional course. The appellant-Union of India has agreed to accept the directions given by the Delhi High Court in the case of Ram Avtar Sharma v. Director General of Border Security Force⁹ in this regard. A liberal, pragmatic and ameliorative approach is required to succour genuine grievances of the personnel doing duty for the nation, owing to which they forgo participation in pre-promotional courses. Accordingly, the third question is answered against the appellant-Union of India.

¶202

12. In view of the aforesaid discussion, the appeals filed by the Union of India are partly allowed and impugned judgments, to the extent they hold that the MACP Scheme applies with effect from 1.1.2006 and that under the MACP Scheme the employees are entitled to financial upgradation equivalent to the next promotional post, are set aside. MACP Scheme is applicable with effect from 1.9.2008 and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008. The third issue, which relates to the fulfilment of pre-promotional norms for grant of financial upgradation, is decided against the appellant-Union of India to the extent that this would not be insisted in the case of the Central Armed Forces personnel where, for administrative or other reasons, they could not be sent or undergo the pre-promotional course.”

¶203

(12 of 12) [CW-6519/2020]

¶204

In view of the above joint submissions made by learned counsel for the parties, these writ petitions are disposed of in terms of the judgment dated 22.08.2022 rendered by the Hon’ble Supreme Court of India in the case of Union of India (supra).

¶205

All the pending applications as well as stay petitions are also stands disposed of.

¶206

(VIJAY BISHNOI),J

¶207

Abhishek Kumar S.Nos.96 to 114

Bhagwan Sahay Son of Sh. Mali Ram v. Union of India

Case brief

What is this about?

What did the court decide?

Bhagwan Sahay Son of Sh. Mali Ram v. Union of India

Case brief

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What the court decided

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