In the case of Sunil Kumar Tyagi vs Union of India WP (3549/2018) the Hon'ble High Court of Delhi held that the CAPF personnel was entitled to the higher pay grade since the post of ASI did not exist at the time when the personnel became eligible for the MACP Benefits.
The relevant part of the judgment is reproduced as below:-
"3. As regards the fixing of the correct pay scale of the Petitioner, it is seen
that in BSF/General Duty, there is no post of ASI/General Duty in the pay
scale of Rs.4000-100-6000 (pre-revised) which had been converted into Pay
Band-I i.e. 5200-20200 in the grade pay of Rs.2800 having pay band of
8560 with the total pay (basic pay) of Rs.11360. Thus, in the case of the
Petitioner, the second financial upgradation was required to be given in the
pay scale of Rs.5500-9000 (pre-revised). Since this was not granted to other
similarly placed as the Petitioner, writ petitions were filed in this Court. A
series of judgments have been passed by this Court in those writ petitions, as
a result of which the Respondents extended the benefit of financial
upgradation in the pay scale of Rs.5500-9000 to all personnel who had
completed 24 years of regular service during the period 9th August, 1999 to
31st August, 2008."
The judgment was challenged by the Union of India before the Hon'ble Supreme Court in Special Leave Petition (civil) Diary No. 35888/2019 but the same was dismissed by the Hon'ble Apex Court on 15.11.2019.
The relevant part of the judgment is reproduced as below:-
"3. As regards the fixing of the correct pay scale of the Petitioner, it is seen
that in BSF/General Duty, there is no post of ASI/General Duty in the pay
scale of Rs.4000-100-6000 (pre-revised) which had been converted into Pay
Band-I i.e. 5200-20200 in the grade pay of Rs.2800 having pay band of
8560 with the total pay (basic pay) of Rs.11360. Thus, in the case of the
Petitioner, the second financial upgradation was required to be given in the
pay scale of Rs.5500-9000 (pre-revised). Since this was not granted to other
similarly placed as the Petitioner, writ petitions were filed in this Court. A
series of judgments have been passed by this Court in those writ petitions, as
a result of which the Respondents extended the benefit of financial
upgradation in the pay scale of Rs.5500-9000 to all personnel who had
completed 24 years of regular service during the period 9th August, 1999 to
31st August, 2008."
The judgment was challenged by the Union of India before the Hon'ble Supreme Court in Special Leave Petition (civil) Diary No. 35888/2019 but the same was dismissed by the Hon'ble Apex Court on 15.11.2019.
The judgment of the Hon'ble High Court of Delhi dealt with three issues.
One regarding the fixation of appropriate pay scale
Secondly, with regard to the applicability of the scheme from the completion of 20 years of service/01.01.2006
Thirdly regarding the grant of ACP on completion of 12 years i.e. wef Oct 1999 and not 30th Dec 2000.
The writ petition was allowed and the prayers were granted.
Personal observations of the author
It has been my experience that the CAPF Department has been stalling/delaying the benefits to the personnel on one pretext or the others and personnel with eligible cases are being made to approach the court in writ petitions.
The same could have been avoided if the judgments of this Hon'ble Court/Apex Court were treated as precedents.
