EX-INSPECTOR SANJAY KUMAR vs UNION OF INDIA AND OTHERS

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13183/2023 & CM APPL. 52138/2023 EX-INSPECTOR SANJAY KUMAR .....Petitioner Through: Mr. M.D. Jangra, Adv. versus UNION OF INDIA AND OTHERS .....Respondents Through: Mr. Avnish Singh, SPC. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 31.07.2025 C. HARI SHANKAR, J. 1. This writ petition assails order dated 2 August 2023, whereby the petitioner’s pay was retrospectively refixed, as well as the recoveries made from his retiral benefits as a result thereof. 2. The petitioner, who was employed as an Inspector in the Border Security Force1, retired from service on 7 July 2023. 3. After his retirement, the respondent issued order dated 2 August 2023, downwardly revising his pay scale with effect from 1 July 2009. As a result, his pay on the date of his retirement, on 1 July 2023, immediately prior to his retirement, also stood downwardly reversed 1 “BSF” hereinafter W.P.(C) 13183/2023 Page 1 of 8 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:02.08.2025 17:35:47 to ₹ 60,400/- per month. 4. There is no dispute that the order dated 2 August 2023 was issued without any prior notice to the petitioner. 5. Following the issuance of the aforesaid order, the last pay certificate of the petitioner dated 29 August 2023 was issued, proposing to effect recoveries from the petitioner. 6. Aggrieved thereby, the petitioner approached this Court by way of the present petition on 6 October 2023. 7. During the pendency of this writ petition, by order dated 19 February 2025, the respondent reversed the impugned decisions dated 2 August 2023 and 29 August 2023 and revised the pay of the petitioner as on 1 July 2023 to ₹ 64,100/-. The amounts recovered by the petitioner