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MANMOHAN, ASHA MENON
HC/GD Dinesh Chandra – Appellant
Versus
UOI And Other – Respondent
Key Points: - The court directed the respondents to consider the petitioners' claim for financial upgradation in light of specific judgments and dispose of representations positively within twelve weeks (!) . - The petitioners sought the benefit of the First and Second financial upgradation under the ACP scheme from 12 and 24 years, and the third MACP on 30 years of service (!) . - The decision relies on judgments including Union of India and Ors. Vs. Balbir Singh Turn & Anr., Sunil Kumar Tyagi vs. Union of India & Anr, Union of India & Ors. vs. M.V. Mohanan Nair, Jaswant Singh v. Union of India, Jai Pal Singh v. Union of India, and Indian Ex-Bordermen Movement and Ors v. Union of India and Ors (!) (!) . - The matter is disposed of in similar terms as in W.P.(C) No.6437/2019 (dated 30 May 2019) and W.P.(C) No. 12811 of 2019 (dated 06 December 2019) (!) . - There is no interim stay in the related Supreme Court Special Leave Petitions, but notices were issued (!) . - The writ petitions are disposed of with a direction to consider the petitioners' claim and dispose of representations positively within twelve weeks (!) .
JUDGMENT
Manmohan, J. - Present batch of petitions have 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 30 th May, 2019 as well as WP(C) No. 12811 of 2019 decided on 06th December 2019 be passed in the present writ petitions. 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 petitions to primarily seek a mandamus to the respondents to grant the benefit of the First and Second financial upgradation under the ACP scheme with effect from completion of 12 years and 24 years and the third MACP on completion o
The main legal point established in the judgment is the court's authority to direct the respondents to consider the petitioners' claim for financial upgradation in accordance with specific judgments.
The main legal point established is the reliance on precedent judgments and the absence of a stay in Special Leave Petitions influencing the court's decision.
Judicial precedents must be adhered to when no higher court stay exists, ensuring consistency in administrative benefits under financial upgradation schemes.
The court's decision was based on the interpretation and application of specific judgments in the context of financial upgradation under the ACP scheme.
Court mandates adherence to judicial precedents in evaluating financial upgradation claims under ACP and MACP schemes, emphasizing timely resolution.
Court upheld petitioners' claims for financial upgradations under ACP scheme based on prior case law, emphasizing the need for timely consideration within twelve weeks.
The court applied the principle of mandamus and relied on relevant judgments to direct the respondents to consider the petitioners' claim for financial upgradation.
The court affirmed the necessity for authorities to grant financial upgrades based on established judicial precedents, ensuring fairness in service benefits.
The court's decision was influenced by specific Supreme Court and Division Bench judgments on financial upgradation benefits under the ACP scheme.
The court's decision was based on the specific judgments cited by the petitioner and the absence of any interim order from the Supreme Court in similar matters.
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