Ajay Kumar Sharma & Ors. v. Union of India through Secretary MHA & Anr.

1. Vide the present petition, the petitioners are seeking following reliefs: “a.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF, to grant the benefits of the MACP scheme in favour of 109 petitioners, reckoning from the date they reported to BRT as the law laid down by this Hon'ble Court in Review Petition No.222 of 2019 filed in W.P (C): 7011/2015 in the title of Bablu Mallick & ANR on 11.10.2019 (Annexure- P[4]) in time bound manner. b.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF to grant the arrears and other related benefits to the petitioners with the interest of 12% as per the settled law.”

NEUTRAL CITATION NUMBER: 2023:DHC:2032-DB W.P.(C) 3453/2023

2. Learned counsel for the petitioners submits that the petitioners have made the Representation dated 13.12.2022 to the respondent No. 2/Director General, BSF for their re-fixation of pay under ACP/MACP Scheme by reckoning their service from the date of reporting for basic recruit training in accordance with the ICT DTE FHQ O/NO.16284-96 dated 08.12.2022; however, till date, no decision has been taken by the respondent NO. 2/Director General, BSF.

3. Accordingly, we hereby dispose of the present petition directing the respondent No. 2/Director General, BSF to decide the said Representation dated 13.12.2022 of the petitioners within four weeks from today.

4. The decision, so taken, shall be communicated in writing to the petitioners within one week thereafter.

5. Accordingly, the present petition is disposed of.

6. Needless to state that if the petitioners are aggrieved by the decision of the respondent No. 2, they may challenge the same before the appropriate forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MARCH 21, 2023 S.Sharma