Rajasthan High Court - Jaipur
Sanwar Mal Jangir Son Of Sh. Moola Ram vs Union Of India on 18 November, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6519/2020
Umed Singh Son Of Sh. Hansram, Aged About 55 Years,
Resident Of Village And Post Ghardana Khurd, Tehsil Buhana,
District Jhunjhunu (Raj.)
----Petitioner
Versus
1. Union Of India, Through Director General, Central Reserve
Police Force, Block No. 1, C.G.O. Complex, Lodhi Road,
New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central
Reserve Police Force, C.G.O. Complex, Lodhi Road, New
Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central
Reserve Police Force, C.G.O. Complex, Lodhi Road, New
Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O.
Tilak Nagar, New Delhi (India) - 110018
----Respondents
CONNECTED WITH S.B. Civil Writ Petition No. 6497/2020 Jagdish Harijan Son Of Sh. Bhola Ram, Aged About 47 Years, Resident Of Village Sihore, Post Sihore, Tehsil Khetri, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (2 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6498/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6499/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (3 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6506/2020 Parasmal Jangid Son Of Sh. Ramjilal, Aged About 51 Years, Resident Of Village Khatipura, Post Ranwa, Tehsil Khetri, Police Station Khetri, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6511/2020 Jale Singh Son Of Sh. Bholaram, Aged About 47 Years, Resident Of Village Maharana, Post Khanpur, Tehsil Buhana, Police Station Singhana, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (4 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6513/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6515/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (5 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6520/2020 Mahendra Singh Son Of Sh. Dulichand, Aged About 51 Years, Resident Of Village Makro, Post Makro, Tehsil Buhana, Police Station Singhna, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6522/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (6 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6523/2020 Mohammad Iqbal Son Of Mohd. Sanif Khan, Aged About 52 Years, Resident Of Village And Post Tain, Tehsil Malsisar, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6529/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (7 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6530/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6532/2020 Om Singh Son Of Sh. Bishan Singh, Aged About 51 Years, Resident Of Village And Post Tain, Tehsil Malsisar, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (8 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 6551/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents S.B. Civil Writ Petition No. 6602/2020 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.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (9 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 8910/2020 Omprakash Son Of Sh. Khem Chand, Aged About 52 Years, Resident Of Village Makro, Post Makro, Tehsil Buhana, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodhi Road, New Delhi, India. Pin-110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India-110003
3. Deputy Director(Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India-110003
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India)-110018
----Respondents S.B. Civil Writ Petition No. 13126/2020 Thana Ram Son Of Sh. Maidhan, Aged About 52 Years, Resident Of Village Moi Bharu Post Basawata Khurd, Tehsil Buhana, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi, India, Pin - 110003
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents (Downloaded on 18/11/2022 at 09:52:05 PM) (10 of 12) [CW-6519/2020] S.B. Civil Writ Petition No. 13282/2020 Jale Singh Son Of Sh. Rupchand, Aged About 55 Years, Resident Of Village Pannesinghpura Post Budanpura, Tehsil Chirawa, District Jhunjhunu (Raj.)
----Petitioner Versus
1. Union Of India, Through Director General, Central Reserve Police Force, Block No.1, C.G.O. Complex, Lodhi Road, New Delhi, India.
2. Deputy Director (Welfare), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
3. Deputy Director (Personnel), Directorate General Central Reserve Police Force, C.G.O. Complex, Lodhi Road, New Delhi, India - 110003.
4. Dy. Director (A/CS) CRPF, New Delhi, Mahavir Nagar, P.O. Tilak Nagar, New Delhi (India) - 110018
----Respondents 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 HON'BLE MR. JUSTICE VIJAY BISHNOI Order 18/11/2022 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.
(Downloaded on 18/11/2022 at 09:52:05 PM)(11 of 12) [CW-6519/2020] The Hon'ble Supreme Court of India in the case of Union of India (supra) has held as under :-
"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 Force 9 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.
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."(Downloaded on 18/11/2022 at 09:52:05 PM)
(12 of 12) [CW-6519/2020] 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).
All the pending applications as well as stay petitions are also stands disposed of.
(VIJAY BISHNOI),J Abhishek Kumar S.Nos.96 to 114 (Downloaded on 18/11/2022 at 09:52:05 PM) Powered by TCPDF (www.tcpdf.org)