DAMODARA BANGERA B vs UNION OF INDIA & ORS.

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11926/2021 DAMODARA BANGERA B .....Petitioner Through: Ms. Saahila Lamba, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Raj Kumar Yadav, SPC with Mr. Jitendra Kumar Tripathi, GP and Mr. Sumit Kumar Raj, Ms. Preeti Gothwal and Ms. Anjali Ahlawat, Advs. Mr. Jivesh Kumar Tiwari, CGSC with Ms. Samiksha, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.12.2025 C.HARI SHANKAR, J. 1. Consequent to his promotion as Sub Inspector (Ministerial)1 in the Border Security Force2, the petitioner, admittedly, assumed charge of the post on 2 July 2000. 2. The order of promotion dated 9 June 2000 specifically stipulated that the promotion would be with immediate effect, but that financial benefits would accrue to the petitioner and other persons promoted by the order from the date of taking over charge of the new 1 “SI” hereinafter 2 “BSF” hereinafter Signature Not Verified Signed By:RAJEEV W.P.(C) 11926/2021 Page 1 of 7 DHANKHAR Signing Date:18.12.2025 10:19:22 assignment – in the case of the petitioner, of the post of SI. 3. As the petitioner was on sanctioned leave till 1 July 2000, the petitioner assumed charge of the post of SI on 2 July 2000. Accordingly, in terms of the promotion order dated 9 June 2000, the pay of the petitioner as SI was fixed with effect from 2 July 2000. 4. The petitioner did not raise any serious grievance about this, as according to the petitioner, it did not result in any considerable financial loss to him. 5. However, things changed with the issuance of an Office Memorandum3 dated 19 March 2012 by the Department of Expenditure, Ministry of Finance, consequent to the implementation of the recommendations of the 6th Central Pay