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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Tushar Rao Gedela, JJ.
Himmat Singh & Ors. – Appellants
Versus
Union of India & Anr. – Respondents
W.P.(C) 4726 of 2023
Decided On : 09-05-2023
MACP Scheme - Benefits Reckoning - Summary: The court directed the respondent to grant the petitioners the benefits of the MACP scheme from the date they reported to BRT in accordance with a previous judgment, and to decide on the arrears and other benefits with interest as per settled law.
Fact of the Case:
The petitioners sought directions for benefits under the MACP scheme based on a previous court judgment. The court disposed of the petition by directing the respondents to treat it as a representation and decide within 8 weeks.
Finding of the Court:
The court directed the respondents to consider the petition as a representation and decide in accordance with the previous judgment, communicating the decision to the petitioners with a reasoned order.
Issues: The issues raised in the present petition were related to the benefits under the MACP scheme and the application of a previous court judgment.
Ratio Decidendi: The court's decision was based on the need for the respondents to consider the petition as a representation and decide in accordance with the previous judgment.
Final Decision: The petition was disposed of with directions for the respondents to decide on the representation within 8 weeks and communicate the decision to the petitioners.
JUDGMENT (Oral)
1. Vide the present petition, petitioners are seeking directions to the respondent DG, BSF to grant them the benefits of the MACP scheme reckoning from the date they reported to BRT as the law laid down by this Court in Review Petition No.222 of 2019 filed in W.P. (C) 7011/2015 decided on 11.10.2019 in a time-bound manner; directions to the respondent DG, BSF to grant arrears and other benefits to the petitioners with the interest of 12% as per the settled law.
2. Learned counsel for petitioners submits that the issues(s) raised in the present petition has been fully covered by the judgment rendered by this Court in Review Petition No.222 of 2019 filed in W.P. (C) 7011/2015 decided on 11.10.2019.
3. In view of above, we hereby dispose of the present petition by directing the respondents to treat the present petition as representation filed on behalf of petitioners and decide the same in view of above-mentioned judgment passed by this Court within 8 weeks. The decision so taken shall be communicated to the petitioners within one week thereafter with a reasoned order.
4. With the aforesaid directions, the present petition is disposed of.
5. Needless to say, if the petitioners feel aggrieved by the decision of the respondents on their representation, they may approach the appropriate forum.
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 decision highlighted the principle of mandamus and the requirement for reasoned orders within a specified timeframe.
The court's decision highlighted the principle of timely decision-making by the respondent authority in matters related to the MACP scheme.
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
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.
Timely decision on representations and communication of reasoned order within a specified timeframe.
Delay in filing represents an impediment to claim benefits under the Administrative Tribunal's Act despite changes in law.
The court ruled that the petitioner is entitled to the benefits of the 2nd MACP scheme, impacted from a specific date, following an authoritative precedent.
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