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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Surender Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. procedural matters for judgment execution (Para 1 , 5 , 11) |
| 2. entitlement to the 2nd macp benefit (Para 2 , 3) |
| 3. reference to previous court decision (Para 4 , 6 , 7) |
| 4. coverage of current petition by past judgment (Para 8 , 10) |
| 5. directions for implementing macp benefit (Para 9) |
JUDGMENT
Manmohan, J.1/2 (Oral)
W.P. (C) 10028/2020
1. The petition has been heard by way of video conferencing.
2. The present writ petition has been filed seeking a direction to the Respondent No. 2 to 4 to give the benefit of the 2nd MACP to the Petitioner in the pay scale of Sub-Inspector @ Rs.9300-34800/- with Grade Pay of Rs.4200/- upon completion of 20 years of regular service with the CRPF, from his respective due date of year by treating the MACP as applicable since 01st January 2006 onwards.
3. Petitioner further prays for a direction to the respondents to pay the arrears in the above terms after rectification of his pay scale along with consequential arrears arising therefrom.
4. Learned Counsel for the petitioner submits that the issue involved in the present writ petition has already been decided by this Court in W.P. (C) No.8203/2019 in Ex. HC/GD Prahalad vs. Union o
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.
The court affirmed that entitled benefits under the MACP scheme should be granted retroactively from the completion of service, emphasizing adherence to prior judgments and liable interest for delaye....
Employees are entitled to 2nd MACP benefits after 20 years of service, with decisions referencing prior cases upheld, ensuring timely payment of benefits and adherence to established judicial precede....
The main legal point established in the judgment is the entitlement of the petitioners to the benefit of the 2nd MACP scheme from the date of completion of 20 years of service, as well as the obligat....
Prior judgments govern subsequent related claims, mandating adherence to previous decisions regarding entitlements under the MACP scheme.
The Court directed timely resolution of benefits claims, highlighting the importance of correct rank hierarchy in service law.
The court's decision was influenced by a previous decision of the Hon'ble Supreme Court on the same issue.
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
Quasi-judicial orders must be reasoned; failure to do so allows for judicial review and quashing.
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