Shyam Dev Prasad vs Union Of India And Ors

Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs as formulated by the petitioner have been claimed in the writ petition-

“i) For issuance of a proper writ/writs, order/orders, direction/ directions to the respondents to revise the pension of the petitioner in Grade Pay of

Rs. 4200 and after revision of pension from due date with statutory interest;

ii) For a further direction to the respondents for making payment of arrears of A.C.P. and M.A.C.P. in the revised Grade Pay of Rs. 4200 instead of

Grade Pay of Rs. 2800 on which arrears was paid;

iii) And for a further direction to the respondents for making payment of arrears of benefits of granted through 5th and 6th Pay Revision Committee

recommendations;

iv) And/ or pass any other order/orders which may deem fit and proper in the facts and circumstances of the instant case.â€​

At the very outset learned counsel for the petitioner fairly accepts that payments of retiral dues under various heads have been made to the

petitioner, however, his claim for payment based on 5th and 6th Pay Revision have not properly been computed and paid. A representation dated

04.01.2016 (Annexure-P/5) has been filed before the Commandant, 63 BN, Central Reserve Police Force, Naveen Mandi, Faizabad, Uttar Pradesh

(Respondent No. 4) for appropriate relief, which however remains pending.

Learned counsel for the respondents appears and has been heard.

Having regard to the nature of grievance of the petitioner, the writ petition is disposed of with a direction to the Commandant, 63 BN, Central

Reserve Police Force, Naveen Mandi, Faizabad, Uttar Pradesh (Respondent No. 4) to consider and dispose of the aforesaid representation

(Annexure-P/5), if still pending, on its own merits in accordance with law after grant of an opportunity of hearing to the petitioner, within a period of

twelve weeks from today. Any payment found due to the petitioner shall be made within a further period of eight weeks thereafter. In case the

petitioner’s claim is found inadmissible, whether in whole or in part, the petitioner’s representation shall be disposed of by a speaking order in

that regard. To enable disposal, the petitioner shall furnish his mobile number and e-mail ID to the respondent no. 4 within a week from today.

It is also made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through email and that

the petitioner shall be at liberty to request for hearing through video conference.

The writ petition stands disposed of with the aforesaid directions.