MANMOHAN, ASHA MENON
Subhash Singh – Appellant
Versus
Union Of India & Ors – Respondent
JUDGMENT
Manmohan, J. - This petition has been heard by way of video conferencing.
2. Present petition has been filed seeking a number of prayers. However, learned counsel for the petitioner prays that a similar order as passed by a Division Bench in W.P.(C) No.6437/2019 dated 30th May, 2019 be passed in the present writ petition. He clarifies that neither the judgment and order dated 30th May, 2019 in W.P.(C) No.6437/2019 nor the judgments referred to in the said order have been challenged before the Supreme Court by the respondents.
3. Issue notice.
4. Learned counsel for the respondents accepts notice. He states that in similar matters, notices have been issued by the Supreme Court in the applications for condonation of delay and special leave petitions. He, however, candidly states that there is no stay in the said special leave petitions.
5. It is pertinent to mention that the petitioner has preferred the present writ petition to primarily seek a mandamus to the respondents to grant the benefit of the second financial upgradation under the MACP Scheme in the Pay Band of Rs.9300-34800 with Grade Pay of Rs.4200 w.e.f. 01st January, 2006 and wherever 20 years have been completed till
The main legal point established is the court's power to issue a mandamus to direct the respondents to consider the petitioner's claim in line with specific judgments.
The court's decision was based on the principles of mandamus and the application of specific judgments in determining the petitioner's entitlement to financial upgradation.
The main legal point established is the obligation of the respondents to consider the petitioner's claim for financial upgradation in line with specific court judgments.
The court applied the principle of mandamus to direct the respondents to consider the petitioner's claim based on relevant judgments and dispose of the representation within a specified timeframe.
In the absence of interim orders from higher courts, claims for financial benefits under schemes must be considered in line with established judicial precedents.
The court has the authority to issue a mandamus directing the respondents to consider the petitioners' claim in line with specific judgments.
The court can issue a mandamus to consider and grant financial upgradation based on specific court decisions.
The main legal point established is the application of mandamus to compel the respondents to consider the petitioner's claim for financial upgradation in accordance with relevant court judgments.
The court ruled that claims for financial upgradation under the MACP Scheme must be evaluated in accordance with prior Supreme Court decisions, with a direction to address the claims positively.
The court's decision was influenced by the absence of any interim order from the Supreme Court in similar matters and the reliance on specific judgments to direct the respondents to consider the peti....
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