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Delhi High Court - Orders

Ravinder Kaur And Ors vs Union Of India And Ors on 25 August, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                          $~89
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 8955/2021
                               RAVINDER KAUR AND ORS                      ..... Petitioners
                                                Through Mr.Ankur Chhibber, Adv.

                                                   versus

                                UNION OF INDIA AND ORS                   ..... Respondents
                                              Through  Mrs.Bharti Raju, CGSC

                                CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE NAVIN CHAWLA
                                            ORDER

% 25.08.2021 The hearing has been conducted through video conferencing. CM No.27867/2021 (Exemption) Allowed, subject to all just exceptions.

W.P. (C) 8955/2021 Present writ petition has been filed challenging letter dated 09th April, 2021 issued by the Respondents whereby the legal notice dated 18th September, 2020 preferred by the Petitioners was rejected. Petitioners seek a direction to the respondents to upgrade the rank and pay scale of Sister-in- Charges (Combatised) in CRPF from the rank of Subedar Major (PB-2 GP- 4800) to Assistant Commandant (PB-3 GP-5400) w.e.f. their date of promotion as Subedar Major (Sister-in-Charge).

Learned counsel for the petitioner states that the requisite educational qualifications required for appointment to the post of Staff Nurses (Combatised) and Staff Nurses (Non-Combatised) in CRPF and Staff Nurses in Central Health Services are same and identical. Therefore, he states that Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:26.08.2021 22:15:51 there is no justification for partial implementation of the recommendations of VI CPC and depriving the Staff Nurses (Combatised) Cadre from the benefit given to all other cadres in CRPF. He states that the duties and responsibilities discharged by the Sister-in-Charge (Combatised) and Sister- in-Charge (Non Combatised) in CRPF are identical and they are inter se transferable.

He further states that all combatised cadres in CRPF have same rank structure except in combatised Nurses Cadre as the post of Subedar Major has been abolished in all other combatised cadres in CRPF except in Staff Nurse (Combatised) Cadre by the Central Government in pursuance to the VI and VII Central Pay Commissions.

Issue notice. Mrs.Bharti Raju, Central Government Standing Counsel, accepts notice on behalf of the respondents. She prays for and is permitted to file a counter affidavit within six weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

List on 21st January, 2022.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J NAVIN CHAWLA, J AUGUST 25, 2021/Arya Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:26.08.2021 22:15:51