The court mandated a response from the respondents regarding financial upgradation claims in line with precedent, emphasizing compliance with established legal rulings.

Headnote:(A) Constitution of India - Article 226 - Mandamus - Financial upgradation under the MACP Scheme sought by petitioners - The court dispenses the writ petitions, directing respondents to consider claims per previous judgments without interim orders from the Supreme Court - Respondents to decide within twelve weeks. (Paras 5-6)

(B) Jurisdiction - Court’s authority to issue directions for consideration in light of previous rulings, ensuring compliance with established precedent. (Para 6)

Facts of the case:
Petitioners sought second financial upgradation under the MACP Scheme as per Supreme Court ruling in similar matters and based on prior decisions of the High Court that have not been appealed.

Findings of Court:
The court directed the respondents to consider the petitioners' claims based on relevant judgments and to respond positively within a specified timeframe.

Issues: The primary issue was whether the petitioners were entitled to financial upgradation under the MACP Scheme without stay orders from the Supreme Court.

Ratio Decidendi: The court affirmed that without any stay in similar appeals, the respondents are required to act on petitioners' representations as per established judgments, ensuring an expedient process.

Result: Writ petitions disposed of.

Table of Content
1. petitioners seek financial upgradation benefits. (Para 2 , 5)
2. court's directive on consideration of claims. (Para 3 , 4 , 6)
3. batch of writ petitions disposed with directions. (Para 7 , 8)

JUDGMENT

Manmohan, J. (Oral)--The petition has been heard by way of video conferencing

2. Present batch of 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 dated 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 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 20 years have been completed till the date the petitioners' voluntarily retired on 30th June, 2006 or the dates mentioned in the prayer clause along with consequential benefits including arrears. The petitioners' claim is based upon the decision of the Supreme Court in the case of Union of India and Ors. Vs. Balbir Singh Turn & Anr., Civil Appeal Diary No.3744/2016 along with other cases decided on 08th December, 2017. The petitioners also place reliance on the decision of the Division Bench of this Court in Sunil Kumar Tyagi vs. Union of India & Anr., W.P. (C) No.3549/2018 decided on 01st May, 2019.

6. As admittedly there is no interim order passed by the Supreme Court in any of the special leave petitions filed by the Union of India in similar matters, we dispose of the present batch of writ petitions in similar terms as passed in W.P.(C) No.6437/2019 i.e. a direction to the respondents to consider the petitioners' claim in the light of the judgments in Union of India and Ors. Vs. Balbir Singh Turn & Anr. (supra) and Sunil Kumar Tyagi vs. Union of India & Anr. (supra) and to dispose of the representations of the petitioners positively within twelve weeks from today. It is clarified that in the event the Supreme Court varies or set asides the order passed by the Division Bench in Sunil Kumar Tyagi vs. Union of India & Anr. (supra) and/or any other similar matter, then the present order shall abide by the order(s) of the Apex Court.

7. With the aforesaid direction, the present batch of writ petitions along with pending applications stand disposed of.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

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