DEVENDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The ninety one petitioners in the present petition, who are Assistant Sub-Inspectors (ASI) in Central Industrial Security Force (CISF), are seeking quashing of order dtd. 19/8/2020 or any other similar orders, whereby their representations seeking correct fixation of pay w.e.f. 1/1/2006, has been rejected. Petitioners claim that w.e.f. 1/1/2006, they were granted first financial upgradation to the pay scale of the ASI and, therefore, while seeking parity with petitioners in Vinoj V.V. Vs. Union of India and Ors. 2018 SCC OnLine Del 12714; W.P.(C) 4854/2020, titled as Krishan Kumar and Ors. Vs. Union of India and ors. and W.P.(C) No. 4905/2020, titled as Malkhan Singh and Ors. Vs. Union of India and ors. wherein by virtue of decisions dtd. 30/11/2018; 4/8/2020 and 5/8/2020 respectively, they are seeking a direction to the respondents to re-fix their pay with basic pay of Rs.8,560.00 plus Grade Pay of Rs.2,800.00 i.e. Rs.11,360.00 w.e.f. 1/1/2006.

(2.) It is averred in the petition that the factual matrix of the case with regard to all the petitioners is more or less similar, therefore, the facts pertaining to petitioner No.1- Shri Devender Pal Singh be considered in the present petition. Thus, the present petition is being heard and decided on the facts contended on behalf of petitioner No.1- Devender Pal Singh.

(3.) According to petitioner, he had joined the services of CISF on the post of HC- DCPO in the year 1993 in the pay band of Rs.975.0025-1150-30-1660. In the year 1999, by virtue of notification dtd. 1/8/1999, two financial up-gradations on completion of 12 years and 24 years were granted. In the year 2005, the petitioner was granted first financial upgradation under Assured Career Progression (ACP) in the rank of ASI and pay scale of Rs.4000.006000 was granted and with one notional increment and his basic pay was fixed at Rs.4,200.00. For the purpose of implementation of recommendations under the Sixth Pay Commission, petitioners pay was counted as Rs.4,300.00 which after applying multiplier of 1.86 was fixed to Rs.8,000.00 plus Rs.2,800.00 grade pay.