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HIGH COURT OF DELHI
Date of Decision: 02nd June, 2023
NARESH KUMAR ..... Petitioner
Through: Mr. Vijay Kumar, Mr. Rahul Kr. Singh & Mr. Shailendra Kr.
Singh, Advocates.
ORS. ..... Respondents
Through: Mr. Farman Ali, Sr. Panel Counsel, Ms. Avshreya Pratap
Rudy & Ms. Usha Jarnal, Advocates.
Mr. Hemendra Singh, DC (Law) BSF.
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
3. Vide the present petition, the petitioner is seeking following reliefs: “a.) issue a writ of mandamus or any other writ/ order/direction of the similar nature whereby directing the Respondents to grant the benefits of ACPs/MACPs Scheme to the Petitioners with effect from the date of reporting for Basic Recruit Training; b.) 1ssue a writ of mandamus or any other writ/ order/ direction of the similar nature whereby directing the Respondents to upgrade the pay scale as per the benefits of ACPs/MACPs Scheme to the Petitioners with effect from the date of reporting for Basic Recruit Training; c.) issue directions of a similar nature as issued by this Hon’ble Court, whereby this Hon'ble Court granted the benefits of the original ACPs/MACPs Scheme to the similarly situated persons as was extended by the respondents in view of the orders made by this Hon'ble Court from time to time.”
4. Learned counsel for the petitioner submits that for the reliefs sought in the present petition, the petitioner has made the Representation dated 16.01.2023 to the respondent No. 1/Director General, BSF, however, till date, the said Representation dated 16.01.2023 of the petitioner has not yet been decided by the respondent No. 1/Director General, BSF.
5. Accordingly, we hereby dispose of the present petition directing the respondent No. 1/Director General, BSF to take a final decision on the Representation dated 16.01.2023 of the petitioner within eight weeks from today.
6. It is made clear that the said Representation dated 16.01.2023 be decided by the respondent No. 1/Director General, BSF in view of the judgments rendered by this Court, the Supreme Court and the Kerala High in the following cases:
(i) Ravinder Kumar and Ors. vs. Union of India and Ors. W.P. (C)
(ii) K. Bangaru Naidu & Ors. vs. Ministry of Home Affairs and
(iii) Satish Kumar & Ors. vs. Ministry of Home Affairs & Anr.
(iv) Bablu Mallick & Anr. vs. Directorate General, Border Security
(v) Director General Border Security Force & Ors. vs. Bablu
(vi) Shine S. & Ors. vs. Union of India & Ors. W.P.(C) 17277/2021
(vii) Director General Border Security Force & Ors. vs. Bablu
7. The decision, so taken, shall be communicated to the petitioner with a reasoned order within one thereafter.
8. Accordingly, the present petition is disposed of.
9. Needless to state that if the petitioner is still aggrieved by the decision of the respondent No. 1/Director General, BSF, he may challenge the same before the appropriate forum.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)
JUDGE JUNE 02, 2023 S.Sharma