Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2053

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
Baidyanath Sarkar And Ors. - Appellant
Versus
Union Of India And Ors - Respondent
W.P.(C) No. 4324 of 2021
Decided On : 07-04-2021

Advocates appeared:
Asish Nischal, Advocate, Sunieta Ojha, Advocate, Dacchita Shahi, Advocate, Bhanu Gupta, Advocate

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 petitioners' claim.

Headnote:
MACP Scheme - Grant of Second Financial Upgradation - Court directs respondents to consider petitioners' claim in light of specific judgments and dispose of representations positively within twelve weeks
Fact of the Case:

The petitioners sought a mandamus to grant the benefit of the second financial upgradation under the MACP Scheme and consequential benefits based on specific Supreme Court and Division Bench judgments.
Finding of the Court:

The court directed the respondents to consider the petitioners' claim in the light of specific judgments and dispose of the representations positively within twelve weeks, with a clarification that the order would abide by any variation or setting aside by the Supreme Court.
Issues: Interim relief, grant of financial upgradation, reliance on specific judgments, disposal of representations
Ratio Decidendi: The court relied on the absence of any interim order from the Supreme Court in similar matters and directed the respondents to consider the petitioners' claim based on specific judgments.
Final Decision: The present writ petition was disposed of with a direction to the respondents to consider the petitioners' claim in the light of specific judgments and dispose of the representations positively within twelve weeks.

JUDGMENT

Manmohan, J. - Present petition has been filed seeking a number of prayers. However, learned counsel for the petitioners 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.

2. Issue notice.

3. Learned counsel for the respondents accept notice. Learned counsel for the respondents state that in similar matters, notices have been issued by the Supreme Court in the condonation of delay and special leave petitions. They, however, candidly state that there is no stay in the said special leave petitions.

4. It is pertinent to mention that the petitioners have 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 date the petitioners voluntarily retired on 30th June, 2006 or the dates mentioned in the prayer clause along with consequential benefits including arrears. The petitioners claim is based upon the decision of the Supreme Court in the case of Union of India and Ors. Vs. Balbir Singh Turn & Anr., Civil Appeal Diary No.3744/2016 along with other cases decided on 08th December, 2017. The petitioners also place reliance on the decision of the Division Bench of this Court in Sunil Kumar Tyagi vs. Union of India & Anr., W.P. (C) No.3549/2018 decided on 01st May, 2019.

5. As admittedly there is no interim order passed by the Supreme Court in any of the special leave petitions filed by the Union of India in similar matters, we dispose of the present writ petition in similar terms as passed in W.P.(C) No.6437/2019 i.e. a direction to the respondents to consider the petitioners claim in the light of the judgments in Union of India and Ors. Vs. Balbir Singh Turn & Anr. (supra) and Sunil Kumar Tyagi vs. Union of India & Anr (supra) as well as Union of India & Ors. vs. M.V. Mohanan Nair, (2020) 5 SCC 421 and to dispose of the representations of the petitioners positively within twelve weeks from today. It is clarified that in the event the Supreme Court varies or set asides the order passed by the Division Bench in Sunil Kumar Tyagi vs. Union of India & Anr (supra) and/or any other similar matter, then the present order shall abide by the order(s) of the Apex Court.

6. With the aforesaid direction, the present writ petition stand disposed of.

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