MANMOHAN, NAVIN CHAWLA
Ex Hc Gd Babu Lal – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petitions have been heard by way of video conferencing.
2. Present 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 on 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 application for 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
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 court's power to issue a mandamus to direct the respondents to consider the petitioner's claim in line with specific judgments.
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 court upheld previous rulings on financial upgradation claims, directing prompt consideration without Supreme Court stay.
Judicial adherence to established precedents is essential when no challenges exist in higher courts, mandating timely consideration of claims under statutory schemes.
Financial benefits under the MACP Scheme must be granted as per existing legal precedents when no Supreme Court stay exists.
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 can issue a mandamus to direct the consideration of claims based on specific judgments.
The principle of mandamus and the application of relevant court judgments in determining entitlement to financial upgradation.
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.
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