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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Omkar Mal (EX HC GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek financial upgradation benefits. (Para 2 , 5) |
| 2. court's direction for consideration of claims. (Para 4 , 6) |
| 3. writ petitions disposed with directions. (Para 7) |
JUDGMENT
Manmohan, J. (Oral)--The petitions have been heard by way of video conferencing.
2. Present 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 application for 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 prima
Financial benefits under the MACP Scheme must be granted as per existing legal precedents when no Supreme Court stay exists.
Judicial adherence to established precedents is essential when no challenges exist in higher courts, mandating timely consideration of claims under statutory schemes.
The court upheld previous rulings on financial upgradation claims, directing prompt consideration without Supreme Court stay.
Petitioners entitled to second financial upgradation under the MACP Scheme based on prior judgments without any pending Supreme Court stay.
Precedents set by the Supreme Court and High Court regarding financial upgradation under the MACP Scheme must be adhered to, especially in the absence of any stay orders.
The court mandated consideration of financial upgradation claims under the MACP Scheme based on established precedents, emphasizing timely responses while remaining subject to potential Supreme Court....
Courts must consider claims for financial upgradation under judicial precedents unless higher courts issue conflicting orders.
Precedent judgments must be followed unless stayed by higher courts; respondents directed to consider claims for financial upgradation under the MACP Scheme within specified timelines.
The court affirmed the entitlement for financial upgradation under the MACP Scheme, directing consideration based on existing Supreme Court judgments, emphasizing adherence to judicial precedents.
The court established that previous judgments should guide the consideration of financial claims under the MACP Scheme, emphasizing timely responses to petitioners' pleas.
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