MANMOHAN, NAVIN CHAWLA
Ex Hc Gd Ganga Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present petition has been filed seeking a number of prayers. However, learned counsel for the petitioner 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.
3. Issue notice.
4. Mr.Vinod Diwakar, learned counsel accepts notice on behalf of the respondents. He states that in similar matters notices have been issued by the Supreme Court in the application for condonation of delay and Special Leave Petitions. He, however, candidly states that there is no stay in the said Special Leave Petitions.
5. It is pertinent to mention that the petitioner has 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 yea
The main legal point established is the court's power to issue a mandamus directing the respondents to consider the petitioner's claim for financial upgradation based on relevant court judgments.
The main legal point established is the court's power to issue a mandamus to direct the respondents to consider the petitioner's claim in line with specific judgments.
The court's decision was influenced by the interpretation of relevant judgments and the absence of a stay in the Special Leave Petitions filed by the Union of India.
The main legal point established is the application of mandamus to compel the respondents to consider the petitioner's claim for financial upgradation in accordance with relevant court judgments.
The court directs respondents to process the petitioner's claim for financial upgradation based on existing legal precedents, emphasizing adherence to prior judgments without interim Supreme Court or....
The court directed the respondents to consider the petitioner's claim for financial upgradation under the MACP Scheme, referencing established precedents, due to absence of interim stays in similar c....
Precedents set by the Supreme Court and High Court regarding financial upgradation under the MACP Scheme must be adhered to, especially in the absence of any stay orders.
The court's decision was influenced by the interpretation of specific Supreme Court judgments and the application of the principles of mandamus in directing the respondents to consider the petitioner....
The court applied the principle of mandamus to direct the respondents to consider the petitioner's claim based on relevant judgments and dispose of the representation within a specified timeframe.
The main legal point established is the obligation of the respondents to consider the petitioner's claim for financial upgradation in line with specific court judgments.
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