Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Ajay Kumar Sharma & Ors. – Appellants
Versus
Union of India Through Secretary Mha & Anr. – Respondents
W.P.(C) 3453 of 2023
Decided On : 21-03-2023
Mandamus - MACP Scheme - The court directed the respondent DG BSF to grant the benefits of the MACP scheme to the petitioners and decide their representation within a specified timeframe.
Fact of the Case:
The petitioners sought a writ of Mandamus to direct the respondent DG BSF to grant them benefits under the MACP scheme and to decide their representation for re-fixation of pay.
Finding of the Court:
The court disposed of the petition by directing the respondent DG BSF to decide the petitioners' representation within four weeks and communicate the decision in writing within one week thereafter.
Issues: Delay in decision-making by the respondent DG BSF regarding the petitioners' representation for re-fixation of pay under the MACP scheme.
Ratio Decidendi: The court emphasized the need for timely decision-making by the respondent DG BSF and directed them to decide the petitioners' representation within a specified timeframe.
Final Decision: The court directed the respondent DG BSF to decide the petitioners' representation within four weeks and communicate the decision in writing within one week thereafter.
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF, to grant the benefits of the MACP scheme in favour of 109 petitioners, reckoning from the date they reported to BRT as the law laid down by this Hon'ble Court in Review Petition No.222 of 2019 filed in W.P (C): 7011/2015 in the title of Bablu Mallick & ANR on 11.10.2019 (Annexure- P4) in time bound manner.
b.) Issue a writ of Mandamus or any other writ order or direction thereby directing the respondent DG BSF to grant the arrears and other related benefits to the petitioners with the interest of 12% as per the settled law."
2. Learned counsel for the petitioners submits that the petitioners have made the Representation dated 13.12.2022 to the respondent No. 2/Director General, BSF for their re-fixation of pay under ACP/MACP Scheme by reckoning their service from the date of reporting for basic recruit training in accordance with the ICT DTE FHQ O/NO.16284-96 dated 08.12.2022; however, till date, no decision has been taken by the respondent No. 2/Director General, BSF.
3. Accordingly, we hereby dispose of the present petition directing the respondent No. 2/Director General, BSF to decide the said Representation dated 13.12.2022 of the petitioners within four weeks from today.
4. The decision, so taken, shall be communicated in writing to the petitioners within one week thereafter.
5. Accordingly, the present petition is disposed of.
6. Needless to state that if the petitioners are aggrieved by the decision of the respondent No. 2, they may challenge the same before the appropriate forum.
The court's decision highlighted the principle of timely decision-making by the respondent authority in matters related to the MACP scheme.
The court's decision highlighted the principle of mandamus and the requirement for reasoned orders within a specified timeframe.
The main legal point established in the judgment is the application of a previous court judgment to determine the benefits under the MACP scheme for the petitioners.
The court's emphasis on the need for the respondents to consider the petition as a representation and provide a reasoned decision within a specified timeframe.
The main legal point established is the court's power to issue a writ of mandamus to direct the respondents to treat the petition as a representation and decide within a specified timeframe.
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
The court's decision highlighted the principle of mandamus, emphasizing the need for timely decisions on representations made by petitioners.
A writ petition directs timely resolution of a pending claim for third MACP benefits by the District Education Officer, mandating compliance with government notifications.
Employees are entitled to timely resolution of representations regarding service benefits, and failure to respond allows for judicial intervention to ensure compliance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
