MANMOHAN, ASHA MENON
Mahesh Chandra – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - 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 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 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 petitioners have preferred the present writ petitions 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
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....
The court has the authority to issue a mandamus directing the respondents to consider the petitioners' claim in line with specific judgments.
The court established that previous judgments should guide the consideration of financial claims under the MACP Scheme, emphasizing timely responses to petitioners' pleas.
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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