RANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought a direction upon the respondents to remove the pay anomaly in his case and to re-fix his pension at par with Sh. Heera Singh SI/GD 837030292 w.e.f. 7/9/2013 by extending the benefit of 3rd Modified Assured Career Progression Scheme (MACPS) w.e.f 7/9/2013 in Level-07.

(2.) Briefly stated, facts of the case are that the petitioner was appointed as a constable on 21/11/1983 with the Indo-Tibetan Border Police Force-(ITBPF). He was promoted as Lance Naik (L/N) on 25/9/1990 and thereafter, he was promoted as Naik on 26/6/1992. The petitioner was further promoted to the post of Havaldar (Head Constable) w.e.f 10/10/1997 on account of implementation of 5th Pay Commission recommendations which provided for merger of post of Constable and Naik. The petitioner was thereafter promoted to the rank of SI/GD on 13/9/2010. Ultimately, the petitioner superannuated from service on 31/10/2022.

(3.) The 5th Central Pay Commission provided for two financial upgradations and as per this scheme, an employee on completion of 12 years and 24 years became entitled to financial upgradations under the Assured Career Progression Scheme (ACPS). The first financial upgradation in favour of the petitioner under the 5th Pay Commission was granted to him w.e.f 1/1/1996 i.e., the date on which the 5th Pay Commission recommendations were implemented.