COMMISSIONER OF POLICE AND ANR vs ROHTASH KUMAR

Judgment text excerpt

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17364/2024 and CAV 617/2024, CM APPL. 73918/2024 & 73919/2024 COMMISSIONER OF POLICE AND ANR .....Petitioners Through: Mr. Ashish K. Dixit, CGSC with Mr. Shivam Tiwari, Ms. Urmila Sharma, Ms. Venni Kakkar and Ms. Deepika Kalra, Advs. versus ROHTASH KUMAR .....Respondent Through: Mr. Ritank Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 04.03.2025 C. HARI SHANKAR, J. 1. The Respondent joined the Delhi Police as a Constable and superannuated as a Sub-Inspector on 31 March 2022. 2. After superannuation, he addressed a representation to the petitioners on 20 May 2022 in which he submitted that Chandrabhan, one of his juniors, was drawing a higher basic pay than him. He, therefore, sought refixation of his pay so that he was not disadvantageously placed vis-à-vis the aforementioned Chandrabhan. The respondent’s representation was rejected by the Deputy Signature Not Verified W.P.(C) 17364/2024 Page 1 of 23 Digitally Signed By:AJIT KUMAR Signing Date:06.03.2025 17:44:06 Commissioner of Police1 by orders dated 6 July 2022 and 14 July 2022, which endeavored to point out that the disparity between the respondent’s pay scale and the pay scale of Chandrabhan was owning to the failure, on the part of the respondent, to exercise his option for being provided the benefit of second financial upgradation under the Assured Career Progression Scheme2, which resulted in his being granted the ACP benefit from the date when the Scheme became operational. To clarify, persons who were granted the benefit of the ACP Scheme had the right to exercise the option to avail the benefit of the scheme from the date of implementation of the scheme or, alternatively, from the date after th