BRIEF HISTORY ON WRIT PETITION (CIVIL) NO.

10571/2021 FILED BY CISF

932291077 HC/GD KAMLESH KUMAR SUMAN OF CISF UNIT DMRC DELHI & 60
OTHERS IN DELHI HIGH COURT JURISDICTION AT DELHI FOR
CORRECTION OF BASIC PAY : REG.

The brief facts of the case are that CISF No. 932291077 HC/GD Kamlesh Kumar Suman,
Petitioner No.1 and other Co-Petitioners in the above writ as under:-
1. CISF No. 932291077 HC/GD Kamlesh Kumar Suman was appointed in CISF on
13.03.1993 as CT/GD in the pay scale of Rs.825-15-900-EB-20-1200 and his pay was
fixed at Rs.855/- wef. 13.03.1993.

 On implementation of 5th CPC his pay was fixed at Rs. 2890/- wef. 01.01.1996 in the
pay scale of Rs. 2750-70-3800-75-4400 with replacement of pay scale of Rs. 3050-
75-3950-80-4590 & fixed pay at Rs. 3050/- wef 10.10.1997 with DNI on 01.10.1998.

 He was granted 1st ACP after completion of 12 years of regular service on 13.03.2005
and accordingly his pay was fixed at Rs. 3625/- vide CISF Unit KPT Kandla USO
Part.I No. 31/2004 dated 06.09.2004.

 On implementation of 6th CPC his pay was fixed at Rs.7060/- & GP Rs.2400/- wef.
01.01.2006 with DNI on 01.07.2006.

 Thereafter, he was granted 2nd MACP on 13.03.2013 and accordingly his pay was
fixed at Rs. 9260/- + Rs. 2800 (GP). (i.e. on completion of 20 years regular service
from the date of appointment) vide CISF Unit BSP Bhilai USO Part.I No.10/2012
dated 12.10.2012.

 Further, he was promoted to the rank of Head Constable/GD on 08.06.2015 vide CISF
Unit BHEL Bhopal USO Part-I No.44/2015 dated 10.06.2015.

 Thereafter, on implementation of 7th CPC his pay was fixed at Rs. 37000/- wef
01.07.2016 with D.N.I. on 01.07.2017 as per option-2 exercise by the individual.

 Pay of the individual has been amended vide CISF Unit DMRC Delhi USO Part-II
No. 2440/2021 dated 15.04.2021.

Copy of CISF Unit KPT Kandla USO Part.I No. 31/2004 dated 06.09.2004, CISF
Unit BSP Bhilai USO Part.I No.10/2012 dated 12.10.2012, CISF Unit BHEL
Bhopal USO Part-I No.44/2015 dated 10.06.2015, CISF Unit DMRC Delhi USO
Part-II No. 2440/2021 dated 15.04.2021 and pay details from the date of
appointment to till date are annexed as Annexure R-1 (colly).
2. As per CISF HQrs letter No.E-27099/20/2018/Entt./H-459 dated 11.11.2019, it is stated
that the extension of benefits of entry pay as per Section-II of Part-A of the first schedule of
CCS (RP) Rules, 2008 to CISF personnel who has been granted the benefit of next higher pay
scale under ACP/MACP Scheme was examined and clarified vide Para-2 (2) of CISF
Directorate letter No. E-27099/20/2018/Entt./H-482 dated 06.12.2018 to extend the benefits
of entry pay to CISF personnel whose pay is fixed at a stage lower than the entry pay on grant
of next higher pay scale under ACP/MACP scheme. The clarification so issued was observed
by the Regional Pay and Accounts offices and the matter was re-examined in consultation
with FA/CISF. Accordingly the benefit of entry pay so extended to the CISF personnel on
grant of next higher pay scale under ACP/MACP Scheme was withdrawn vide CISF
Directorate letter No. E-27099/20/2018/Entt./H-189 dated 03.07.2019 in which it is clarified
that according to Rule 13 of CCS Rules 2008, if the salary of govt. employees is fixed at an
amount less than the entry pay after promotion on or after 01.01.2006, they are liable for
entry pay and those CISF personnel who have been granted ACP/MACP benefits w.e.f.
01.01.2006 are not entitled for entry pay as the grant of ACP/MACP does not come under
promotional category and the same was pending receipt of clarification from Ministry of
Home Affairs.
A Copy of letter No. (459) dated 11.11.2019, and (482) dated 06.12.2018 and (189) dated
03.07.2019 are annexed herewith as Annexure R-2 (Colly).
3. As per Ministry of Personnel, Public Grievances & pensions, Department of
Personnel & Training OM No.F-No.35034/3/2015-Estt.(D) dated 08.09.2020 stats in para-5
that -

“Accordingly, where promotion between 1.1.2006 to 31.12.2015 is to a post having an

element of direct recruitment, it has been decided to extend the benefit allowed under DoE's
OM dated 28.9.2018, in the following cases, by allowing re-fixation of pay of employees on
the date of their regular promotion at the stage equivalent to the minimum entry level pay, if
on the date of their regular promotion it is lower than the minimum entry level pay
prescribed for direct recruits under Section-II of Part A of First Schedule of CCS(RP) Rules,
2008:
(i) Employees who have earned financial up-gradation under ACPS prior to
1.1.2006 and have been subsequently promoted on regular basis on or after
1.1.2006.
(ii) Employees who have earned financial up-gradation under ACPS between
1.1.2006 and 31.8.2008 and have been subsequently promoted on regular
basis and.
(iii) Employees who have earned financial up-gradation under MACPS on or after
1.9.2008 and have been subsequently promoted on regular basis to a post
carrying the same Grade Pay in which they have been granted financial up-
gradation.”

A Copy of DoE's OM No. F. No. 35034/3/2015-Estt.(D) dated 08.09.2020 is annexed as

Annexure R-3.
4. In the case of Vinoj V.V. Supra & Others who were initially appointed in CISF to
the rank of HC/DCPO (Dvr.) & their case for grant of entry pay of Rs.7510/- + GP Rs.2400/
in the light of Govt. of India, MoF (DoE) OM No.8-23/2017-E-III-A dated 28.09.2018 was
not covered as no direct recruits was appointed to the rank of HC/DCPO (Dvr.) due to
revision of Recruitment Rules prior to 01.01.2006 by making provisions for direct
recruitment in the rank of Constable/DCPO (Dvr.) and treating the post of HC/DCPO (Dvr.)
in promotion quota. However the Hon'ble High Court of Delhi JO dated 30.11.2018 in WP
No.10660/2016 was implemented only to the 62 as per L&R Branch ION No. V-
14013/519/2016/L&R/576 dated 12.02.2020 with the condition to the outcome of SLP filed
by the department.
A copy of CISF FHQrs. New Delhi ION No (576) dated 12.02.2020 is annexed as
Annexure R-4.
5. In the instant cases the petitioners were initially appointed to the rank of Constable in
the pay scale of Rs.825-15-900-FB-20-1200 (Initial higher start Rs.855/-) from the year
1991 to 1994 and their pay were fixed at Rs.855/- from the date of their appointments.
Consequent upon implementation of CCS (RP) Rules 1997, the pay of the Constables
appointed in the year 1992 get fixed at Rs.2960/- wef 01.01.1997 in the pay scale to Rs.2750-
70-3800-75-4400 (Initial higher start Rs.2890/-).

6. Similarly, the pay of the Constables appointed in the year 1993 & 1994 get fixed at
Rs.2960/- wef 01.01.1997 with date of next increment on 01.09.1997. Subsequently, the
replacement pay scale of Rs.3050-75-3950-80-4590 was implemented w.e.f. 10.10.1997 and
their pay get fixed at Rs.3050/- w.e.f. 10.10.1997 with date of next increment on
01.10.1998.

7. Consequent upon implementation of the CCS (RP) Rules. 2008, the direct recruits
appointed in the rank of HC/Clerk & Dvr. were given entry pay of Rs.7510/- + GP Rs.2400/-
from the date of their appointment in PB-I 5200-20200 + GP Rs.2400/- as per Section-II of
Part-A of First Schedule of CCS (RP) Rules. 2008. The pay of individuals mentioned in the
instant writ petition is fixed less than the entry pay i.e. Rs.7510/- + GP Rs.2400/- .

8. Further, the matter was taken up with MHA for clarification for grant of entry pay
on ACP/MACP Scheme. However MHA has provided DoP&T OM No.F-35034/3/2015-Estt-
(D) dated 8.09.2020 and directed to take action accordingly. As per Govt. of India. MoF,
Public Grievances and Pensions, DoP&T vide their OM No.35034/3/2015-Estt(D) dated
08.09.2020 has clarified the admissibility of entry pay to Govt. Servants in the light of DoE.
OM No.8-23/2017-E III-A dated 28.09.2018 on grant of next higher grade pay under
ACP/MACP Scheme. It has been clarified that the benefit of entry level pay prescribed for
direct recruits in terms of DoE OM dated 28.09.2018 cannot be allowed at the time of grant
of Financial up gradation under ACP Scheme i.e. 01.01.2006 to 31.08.2008 or MACP
Scheme between 01.09.2008 to 31.12.2015 (6th CPC period). Since, financial up- gradation
under ACPS/MACPS cannot be treated strictly as a substitute for regular promotion.

A Copy of DoE. OM No.8-23/2017-E III A dated 28.09.2018 is annexed as Annexure R-

5.

9. Now the petitioners have filed this writ petition.

Sd/-xx.
Dt. 21.09.2021
Commandant /Adm.
For DY. Inspector General
CISF Unit DMRC Delhi