MANMOHAN, ASHA MENON
Ex Insp Min Kundan Uniyal – Appellant
Versus
UOI And Other – Respondent
JUDGMENT
Manmohan, J. - CM APPL. 5263/2021 in W.P. (C) 1824/2021
CM APPL. 5264/2021 in W.P. (C) 1826/2021
CM APPL. 5265/2021 in W.P. (C) 1827/2021
CM APPL. 5267/2021 in W.P. (C) 1829/2021
Allowed, subject to just exceptions.
W.P. (C) 1824/2021
W.P. (C) 1826/2021
W.P. (C) 1827/2021
W.P. (C) 1829/2021
1. The petitions have been heard by way of video conferencing.
2. 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 30th May, 2019 be passed in the present writ petitions. He clarifies that neither the judgment and order dated 30thMay, 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 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.
5. It is pertinent to mention that the petitioner
The principle of mandamus was applied to compel the respondents to consider the petitioners' claim for financial upgradation based on relevant court judgments.
The court directed respondents to consider petitioners' claims for financial upgradation under the MACP Scheme based on prior judgments, asserting the importance of adhering to established legal prin....
The court can issue a mandamus to direct the consideration of claims based on specific judgments.
The court's decision was based on the principle of mandamus and the application of specific judgments to the petitioners' claim for financial upgradation.
The principle of mandamus and the application of relevant court judgments in determining entitlement to financial upgradation.
The court's decision was based on the application of mandamus and specific court judgments in granting financial upgradation benefits.
The court's decision was based on the principle of mandamus and the application of specific judgments to the petitioners' claim for financial upgradation.
The main legal point established is the court's power to issue mandamus for the consideration of claims based on specific judgments and the requirement for the respondents to dispose of representatio....
Precedent judgments must be followed unless stayed by higher courts; respondents directed to consider claims for financial upgradation under the MACP Scheme within specified timelines.
The court affirmed the entitlement for financial upgradation under the MACP Scheme, directing consideration based on existing Supreme Court judgments, emphasizing adherence to judicial precedents.
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