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Judgment
Amrita Sinha, J
The petitioner is a retired member of the Border Security Force. He retired from service in the year 2012. According to the petitioner, he served for more than twenty years in the Force.
The petitioner submits that he is entitled to the benefit of the MACP Scheme upon completion of 20 years of service.
The petitioner relies upon a judgement of the Hon'ble Supreme Court dated 8th December, 2017 passed in Civil Appeal Diary No. 3744 of 2016 (Union of India & Ors. -vs- Balbir Singh Turn & Anr.).
The petitioner further relies upon an order dated 9th July, 2019 passed by the High Court at Delhi in W.P. (C) 6437 of 2019 in the matter of L.N. Pandey -vs- Union of India & Ors.
The petitioner submits that he is similarly placed and he ought to receive similar benefit.
The petitioner submits that he filed a representation before the respondent No. 4 in August, 2019 by enclosing the copy of the order passed by the Hon'ble Supreme Court as well as the order of the Delhi High Court. His representation has not been considered by the respondent authority till date.
The petitioner prays for a direction upon the said respondent to consider his prayer for grant of MACP benefit.
The learned advocate appearing on behalf of the Union of India submits that the petitioner filed the representation in August, 2019 and has immediately rushed to the court on 22nd August, 2019 without giving any opportunity to the respondent to consider his prayer. It has been submitted that the writ petition is premature.
After hearing the submission made on behalf of both sides, it appears that the order was passed by the Hon'ble Supreme Court way back in the year 2017. The petitioner did not approach the authority at that point of time. The petitioner claims to have made the representation in August, 2019, though there is no proof of service of the said letter upon the respondent authority.
Without giving any opportunity to the respondent authority to consider his representation, the petitioner rushed to the Court for passing order in his favour. The petitioner ought to have been waited for a reasonable period of time to allow the respondent to take a decision in the matter.
Nevertheless, since the petitioner is a retired member of the Force and since similar orders have been passed by the Supreme Court and the Delhi High Court, accordingly, the instant writ petition is disposed of by directing the respondent No. 4 being the Commandant, 79th Battalion, B.S.F. to consider the representation made by the petitioner in August, 2019 in accordance with law and in the light of the judgment passed by the Hon'ble Supreme Court in the matter of Balbir Singh Turn (Supra) within a period of eight weeks from the date of communication of a copy of this order and pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.
The petitioner is directed to forward a copy of his representation along with supporting documents at the time of communicating the order of this Court.
W.P 16622 (W) of 2019 is disposed of.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.