Full Text
W.P.(C)4632/2015
SHEKHARCHAND
Represented by:
DEV RANJAN
DINESH SINGH
RANJEET SINGH BHANDARI
Petitioner None Respondents Advocates None W.P.(C)No.4632/2015 & connected matters Page 1 of6
2015:DHC:11835-DB AND
RAMESH CHANDRA
HAYAT SINGH NEGI
KOCHO BODO
BAHADUR SINGH
7y Advocates None None None W.P.(C)No.4632/2015 & connected matters Page 2of6
HARSHBARDHAN NAUTIYAL Petitioner Represented by: Mr.O.P.Agarwal,Advoeate
AND
SOHAN SINGH Petitioner Represented by: Mr.O.P.Agarwal,Advocate
Advocates AND
GOVIND PRASAD Petitioner Represented by: Mr.O.P.Agarwal,Advoeate
AND
SHER SINGH Petitioner Represented by: Mr.O.P.Agarwal,Advocate
Advocates W.P.(C)No.4632/2015 &connected matters Page3 of6
HON'BLE MS.JUSTICE PRATIBHA RANI
11.05.2015 CM No.8396/2015 nW.P.tCl 4632/2015
CM No.8397/2015 nW.P.rCl 4633/2015 CM No.8398/2015 nW.P.tCl 4634/2015
CM No.8399/2015 n W.P.rCl 4635/2015 CM No.8400/2015 n W.P.tCl 4636/2015
CMNo.8401/2015 nW.P.fCl 4637/2015 CM No.8407/2015 nW.P.tC)4641/2015
CM No.8414/2015 nW.P.tC)4647/2015 CMNo.8419/2015 nW.P.fC)4650/2015
CM No.8420/2015 nW.P.rC)4651/2015 CM No.8423/2015 n W.P.tCl 4653/2015
CM No.8426/2015 nW.P.tC)4655/2015 Allowed.
W.P.rC) Nos. 4632/2015. 4633/2015. 4634/2015. 4635/2015. 4636/2015.
4637/2015. 4641/2015. 4647/2015. 4650/2015. 4651/2015. 4653/2015.
4655/2015
ORDER
1. All petitioners exeept Ramesh Chandra the writ petitioner of W.P.(C) 4636/2015 are either serving or have retired as enrolled members of the Force: Sahastra Seema Bal which originally was known as Special Service Bureau. The Cadre Controlling Authority for both being the Ministry of Home Affairs.
2. Petitioners hold different ranks or have retired from different ranks such as Constable, Head Constable, Assistant Sub Inspector and Sub Inspector.
3. The claim ofsome petitioners is to grant offirst financial upgradation under the Assured Career Progression Scheme who did notearn promotion W.P.(C)No.4632/2015 & connected matters Page4of[6] within first 12 years of service and thereafter to the benefit of the second financial upgradation on rendering 24 years service ifno second promotion in the next 12 years was granted, which period got reduces to 20 years service under the Modified Assured Career Progression Scheme. The claim ofsome isto the benefit ofthe second upgradation.
4. Some petitioners had worked as Naiks which post was abolished and they were re-mustered as Head Constables.
5. The writ petitions have not been preceded by a representation to the respondents calling upon to the respondents to take a reasoned decision with respectto the petitioners'entitlements underthe Assured CareerProgression Scheme notified on August 19, 1999 as also the Modified Assured Career Progression Scheme which was notified somewhere in the year2008.
6. It is trite that where mandamus is claimed the writ petition must be preceded by a representation to the statutory authority drawing attention of the statutory authority to such facts which the representee wants the authority to consider. This would enjoin upon the authority concerned to decide the representation with a reasoned decision.
7. Under the circumstances we dispose of all writ petitions issuing a direction to the respondents to treat the writ petitions as a representation and pass a reasoned order. Qua such petitioners whose representations are accepted,full or in part, necessary payment with arrears shall be disbursed. Those who are receiving pension will be entitled to their pension being refixed in view ofthe decision taken.
8. Necessary decision be taken within 12 weeks from today and communicated to the petitioners. Needless to state if the petitioners or anyone ofthem is/are aggrieved by the decision taken they would be entitled W.P.(C)No.4632/2015 &connected matters Page 5 of[6] to the remedy as per law.
9. No costs.
10. Dasti. MAY 11,2015/pg r-r- G,J PRADEEP N TIBHA RANI,J V W.P.(C)No.4632/2015 &connected matters Page6of[6]