W.P.(C)--2813/2018. Case: ASHOK KUMAR & ANR. Vs. UNION OF INDIA & ANR.. High Court of Delhi (India)

Case NumberW.P.(C)--2813/2018
CitationNA
Judgement DateOctober 16, 2018
CourtHigh Court of Delhi (India)

Reserved on: 10.10.2018

Date of Decision: 16.10.2018 + W.P.(C) No.3636/2016

BRAHAM PRAKASH ..... Petitioner

Through Mr.Ankur Chhibber, Adv. versus

UNION OF INDIA & ORS. ..... Respondents

Through Ms.Saroj Bidawat, Adv. with

Mr.Vivek Kumar Singh, Law Officer, CRPF.

+ W.P.(C) No.8451/2017

SHARAVAN YADAV & ORS. ..... Petitioners

Through Mr.A.K. Singh, Adv.

versus

UNION OF INDIA & ORS. ..... Respondents

Through Mr.Jitesh Vikram Srivastava, Adv. with Mr.Vivek Kumar Singh, Law Officer, CRPF.

+ W.P.(C) No.2813/2018

ASHOK KUMAR & ANR. ..... Petitioners

Through Mr.A.K. Singh, Adv. versus

UNION OF INDIA & ANR. ..... Respondents

Through Mr.Vivekanand Mishra, Adv. with

Mr.Vipul Agrawal, Adv.

+ W.P.(C) No.3632/2016

RAJESH KUMAR ..... Petitioner

Through Mr.Ankur Chhibber, Adv. versus

UNION OF INDIA & ORS. ..... Respondents

Through Ms.Saroj Bidawat, Adv. with

Mr.Vivek Kumar Singh, Law Officer, CRPF.

+ W.P.(C) No.3635/2016

versus

UNION OF INDIA & ORS. ..... Respondents

Through Ms.Saroj Bidawat, Adv. with

Mr.Vivek Kumar Singh, Law Officer, CRPF.

+ W.P.(C) No.3654/2016

JAGJIT SINGH ..... Petitioner

Through Mr.Ankur Chhibber, Adv. versus

UNION OF INDIA & ORS. ..... Respondents

Through Ms.Saroj Bidawat, Adv. with

Mr.Vivek Kumar Singh, Law Officer, CRPF.

AND

+ W.P.(C) No.8818/2016 & CM No.24460/2017 (for condonation of delay in filing rejoinder)

FORCE NO.015230273 INSP./GD

RAKESH KUMAR CRPF ..... Petitioner

Through Mr.A.K. Singh, Adv. with versus

UNION OF INDIA & ORS. ..... Respondents

Through Ms.Saroj Bidawat, Adv. with

Mr.Vivek Kumar Singh, Law Officer, CRPF.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J

  1. The present batch of writ petitions under Articles 226 and 227 of the Constitution of India, have been filed by the petitioners who are presently working as Inspectors (GD) in the CRPF. All the petitions raise common issues with similar prayers and are, therefore, being decided by

  2. The petitioner, Mr.Braham Prakash, joined the CRPF as a Constable (GD) in the year 2003. Thereafter, on 30.10.2007, he was selected as a Sub-Inspector (GD) upon clearing the Limited Departmental Competitive Examination (hereinafter referred to as “LDCE”) held in respect of the said post. Before the petitioner was selected as a SubInspector (GD), the recommendations of the Sixth Pay Commission came into force and in accordance with Rule 5 of the CCS (Revised Pay) Rules, 2008 (hereinafter referred to as "CCS Rules"), the Central Government serving employees were entitled to give an option stating as to whether they wished to switch over to a revised pay structure from a date later than 01.01.2006. The said option was required to be exercised within a period of three months from the date of issuance of the Rules, and as per Rule 6(1), the option once exercised, would be treated as final. It, however, transpires that keeping in view the new system of pay bands and grade pays introduced pursuant to the CCS Rules, representations were made to the Government by various Government servants who were unable to exercise their options within the stipulated period of 3 months, requesting for a further opportunity to exercise their options in accordance with Rule 5. The said request was acceded to by the Department of Expenditure, Ministry of Finance and vide OM dated

    05.07.2010, Government servants were granted an opportunity to revise their initial option of pay fixation, by giving a fresh option in terms of Rule 5 on or before 31.12.2010.

  3. Pursuant to the OM dated 05.07.2010 issued by the Ministry of Finance, the Pay & Accounts Office of the CRPF, vide its Signal dated

    08.10.2010, the respondents granted time to all the CRPF personnel to exercise their fresh options in accordance with Rule 5 of the CCS Rules,

    he elected to continue to draw pay in the existing scale till the date of his next promotion, i.e., 30.10.2007, instead of his earlier option electing to be governed by the revised pay structure w.e.f. 01.01.2006. The petitioner’s revised option form was forwarded to the DIG(P), CRPF by his unit, but no action was taken thereon, compelling him to submit various representations which were initially rejected on the ground that he had not submitted any option before 31.12.2010. However, even upon the petitioner making further correspondence in this regard along with...

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