Brahmpal Bhadana & Ors. v. Union of India and Anr.

1. The present petition has been preferred by the petitioners seeking a writ of mandamus to the respondents to fix their basic pay at Rs.7,510/instead of Rs.6,750/-, i.e. equivalent to the similarly placed Head Constables under respondents No.1 & 2 and to pay arrears thereof from 01.01.2006.

2. Learned counsel appearing on behalf of petitioners submits that the case of petitioners is squarely covered by decision of this Court in Vinoj 2022:DHC:2463-DB V.V. and Ors. Vs. Union of India and Anr. 2018 SCC OnLine Del 12714, which has attained finality and has been followed by this Court in W.P.(C) No. 4679/2020, dated 29.07.2020, titled as Vijesh Kumar M and Ors. Vs. Union of India & Anr. Attention of this Court has been drawn to Para-7 of decision in Vijesh Kumar M and Ors. (Supra), wherein it is observed as under:- “We therefore dispose of this petition by directing the respondents CISF to, within four weeks, examine the case of each of the 234 petitioners and if the petitioners or any of them are found entitled to the relief as granted to the petitioners in Vinoj V.V.Supra, to grant the same relief to the petitioners/ such of the petitioners, as granted in Vinoj V.V.(supra) and to release the arrears due within a further period of four weeks therefrom. If the petitioners or any of the petitioners are not found to be covered by Vinoj V.V. (supra), the respondents CISF, to within four weeks aforesaid, inform the petitioners or such of the petitioners, who, according to the respondents CISF, are not covered by the judgment, of the same, in writing, giving reasons.”

3. Learned Central Government Standing Counsel appearing on behalf of respondents submits that the case of petitioners shall be considered in the light of the aforesaid decision in Vijesh Kumar M and Ors. (Supra) within four weeks.

4. In view of the above, the present petition is disposed of with direction to the respondents to examine the case of each of the 16 petitioners in terms of decision in Vinoj V.V. and Ors. (Supra) within four weeks and if the petitioners are found eligible, their pay be refixed and arrears thereof, along with interest @9% p.a., be paid within four weeks thereafter. The petitioners, who according to the respondents are not covered by decision in Vinoj V.V. and Ors. (Supra), be informed by the respondents in writing by citing reasons therefor.

(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE)

JUDGE JULY 06, 2022 r