Central Administrative Tribunal - Delhi
Swatanter Kumar vs L C Goyal on 26 October, 2015
Central Administrative Tribunal
Principal Bench
CP No.266/2015
In
OA No.4300/2012
New Delhi, this the 26th day of October, 2015
Hon'ble Mr. A.K. Bhardwaj, Member (J)
Hon'ble Mr. V.N. Gaur, Member (A)
Shri Swatanter Kumar,
S/o Late Shri Kider Nath Marwah,
Aged 64 years,
R/o M-3, South City-I,
Gurgaon,
Haryana.
...applicant
(By Advocate : Shri Prashant Srinivasan for Shri A.K. Gautam)
Versus
1. L.C. Goyal,
Secretary ,
Ministry of Home Affairs,
North Block,
New Delhi-110001.
2. Bhimsen Bassi,
Commissioner of Police,
Police Headquarters,
Bahadur Shah Zafar Marg,
New Delhi-110002.
3. Rakesh Singh,
Joint Secretary (UT),
Ministry of Home Affairs,
North Block,
New Delhi-110001.
...respondents.
(By Advocate : Shri Anmol Pandita for Shri Vijay Pandita and Shri
Hanu Bhaskar)
2 CP No.266/2015
ORDER (ORAL)
Mr. A.K. Bhardwaj, Member (J) :-
In implementation of the order of this Tribunal dated 03.04.2015 in OA No.4300/2012, the Govt. of National Capital Territory of Delhi has passed order No.5/77/2005/HP-
I/Estt/3035to3042 dated 26.08.2015, giving promotional pay scale (non-functional basis) analogous to DANIPS officers to the applicant herein. The order reads thus :-
"Government of National Capital Territory of Delhi Home Police-I/Establishment Department 5th Level, 'C' Wing Delhi Secretariat, I.P. Estate, New Delhi No.F.5/77/2005/HP-I/Estt./3035to3042 Dated:26/8/15 ORDER In pursuance of MHA, Govt. of India's Office Memorandum No.14040/03/2013-UTS.II dated 09 June, 2015, the Lieutenant Governor, NCT of Delhi is pleased to grant promotional pay scale (non-functional basis) analogous to DANIPS officers, in respect of following officer of Delhi Police, as tabulated below :-
Sl.No. Name of Date of Grant of Grant of Officer Initial non non (S/Sh.) appointmen functional functional t in the pay pay scale of pay scale of scale of Rs.8000- Rs.10000-
Rs.6500- 13500 (Pre- 325-15200
10500 (Pre- revised) (Pre-revised)
revised) after after
completion completion
of 4 years of 8 years
service service
w.e.f. w.e.f.
1. Swantanter 28.10.1997 28.10.2001 28.10.2005
Kumar (Notionally) (Notionally)
(Retd. ACP) Actual Actual
benefit benefit
accrued accrued
w.e.f. w.e.f.
31.12.2007 31.12.2007
3 CP No.266/2015
All the above-mentioned benefits are granted to the officer from outside the cadre of DANIPS and he will not be called DANIPS.
The officer may exercise his option with regard to fixation of pay, if any, as per FR-22, within one month from the issue of this order. However, the grant of higher pay scale is subject to the undertaking that in the event of over payment, which may be detected at a later stage, the same will be recovered.
PHQ should ensure that no disciplinary proceeding is pending or any penalty is in operation against the above mentioned officer, before issuance of formal order.
This order is subject to the final outcome of the Writ Petition No.11908/2009 (UOI v/s L.N. Rao) and Writ Petition No.11944/2009 (UOI vs Ravi Shankar) filed by the MHA, GOI, in the Hon'ble High Court of Delhi."
2. In the wake, the CP is disposed of. Notices issued to the respondents stand discharged.
( V.N. Gaur ) ( A.K. Bhardwaj )
Member (A) Member (J)
'rk'