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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Mahesh Prasad (Ex. HC/GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for financial upgradation under macp scheme. (Para 2 , 5) |
| 2. court directs consideration of petitioner's claim in light of past judgments. (Para 3 , 6) |
| 3. respondents acknowledge there's no stay in similar matters. (Para 4) |
| 4. writ petition disposed with orders regarding consideration timeline. (Para 7 , 8) |
JUDGMENT
Manmohan, J. (Oral):
CM APPL. 6991/2021 (Exemption) in W.P. (C) 2403/2021
Exemption allowed, subject to all just exceptions.
W.P. (C) 2403/2021
1. The petition has been heard by way of video conferencing.
2. Present petition has been filed seeking a number of prayers. However, learned counsel for the petitioner 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 petition. 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 directed consideration of financial upgradation claims under MACP Scheme based on established judgments, emphasizing adherence to principles of law without pending Supreme Court stays.
The court directed respondents to consider petitioners' claims for financial upgradation under the MACP Scheme based on prior judgments, asserting the importance of adhering to established legal prin....
Court directed respondents to consider financial upgradation claims under the MACP Scheme in line with established precedents, affirming the absence of interim orders against similar claims.
The principle of mandamus was applied to compel the respondents to consider the petitioners' claim for financial upgradation based on relevant court judgments.
In the absence of interim orders from higher courts, claims for financial benefits under schemes must be considered in line with established judicial precedents.
Judicial respect for prior rulings guides the grant of financial benefits under government schemes, reinforcing adherence to established judicial precedent and timely action on petitions.
Court directed responsive action on financial upgradation under MACP Scheme as specified in prior judgments, reinforcing adherence to established legal precedents.
The court ruled that claims for financial upgradation under the MACP Scheme must be evaluated in accordance with prior Supreme Court decisions, with a direction to address the claims positively.
Court held that petitioners are entitled to consideration for financial upgradation based on precedent judgments, affirming the application of similar treatment for analogous cases.
The court mandated the consideration of petitioners' claims for financial upgradation under the MACP Scheme, emphasizing adherence to prior judgments and timelines for decisions.
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