MANMOHAN, ASHA MENON
Kripa Shankar Rai & Ors – Appellant
Versus
Union Of India & Ors – Respondent
JUDGMENT
Manmohan, J. - Present writ 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 accepts notice. Learned counsel for the respondents states that in similar matters, notices have been issued by the Supreme Court in the condonation of delay and special leave petitions. He, however, candidly states 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
The court's decision was based on the principles of mandamus and the application of specific judgments to the petitioners' claim.
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....
The court can issue a mandamus to consider and grant financial upgradation based on specific court decisions.
The main legal point established is the court's power to issue a mandamus to direct the respondents to consider the petitioners' claim in line with specific judgments and dispose of the representatio....
The court applied the principle of mandamus to direct the respondents to consider the petitioners' claim based on specific judgments and dispose of the representations positively within a specified t....
The obligation of the respondents to consider the petitioners' claim for financial upgradation in line with specific court judgments.
The court applied the principle of mandamus to direct the respondents to consider the petitioners' claim based on specific judgments and dispose of the representations positively within a specified t....
The court mandated the consideration of petitioners' claims for financial upgradation under the MACP Scheme, emphasizing adherence to prior judgments and timelines for decisions.
The court upheld the need for administrative compliance with prior judicial decisions regarding financial upgradation claims, directing timely consideration without interim orders from higher courts.
The court's decision was based on the principle of mandamus and the application of specific judgments to the petitioners' claim for financial upgradation.
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