Ravinder Kumar and Ors. v. Union of India and Ors.

1. Vide the present petition, the petitioners are 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 elate of reporting for Basic Recruit Training; b.) 1ssues 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.”

2. Being aggrieved by the Order dated 08.12.2022, the petitioners made the Representation dated 15.12.2022.

3. In response to the said representation, the respondents vide Communicated dated 02.01.2023 informed that the matter is already pending consideration.

4. Accordingly, we hereby dispose of the present petition directing the respondents to decide the Representation dated 15.12.2022 within eight weeks from today, not only qua the petitioners herein, but also qua all the similarly situated persons.

5. It is made clear that the said Representation dated 15.12.2022 be decided in view of the judgements rendered by this Court, the Supreme Court and the Kerala High in the following cases:

(i) K. Bangaru Naidu & Ors. vs. Ministry of Home Affairs and

(ii) Satish Kumar & Ors. vs. Ministry of Home Affairs & Anr.

(iii) Bablu Mallick & Anr. vs. Directorate General, Border Security

(iv) Director General Border Security Force & Ors. vs. Bablu

(v) Shine S. & Ors. vs. Union of India & Ors. W.P.(C) 17277/2021

(vi) Director General Border Security Force & Ors. vs. Bablu

6. The decision, so taken, shall be communicated to the petitioners and other similarly situated persons in writing with a reasoned order within one week thereafter.

7. Accordingly, the present petition along with pending application is disposed of.

8. Needless to state that if the petitioners are still aggrieved by the decision of the respondents, they may challenge the same before the appropriate forum.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)