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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Ajay Kumar Sharma – Appellant
Versus
Union of India Through Secretary Mha – Respondent
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
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.
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