A court may pass a conditional order granting benefits to an applicant based on the final outcome of a similar case pending before a higher court, provided there is mutual agreement between the parties.

O R D E R (ORAL)

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

1. This OA has been filed for the following reliefs stated in para 8 of the OA:-

“(i) Direct the Respondents to grant II-MACP benefits under MACP Scheme dated 19.05.2009 to the Applicant w.e.f. 01.09.2008 in the GP of Rs.6600 in the promotional hierarchy in PB-3 or in the GP of Rs.5400 in the hierarchy of Pay Band & Grade Pay with all the consequential benefits by modifying the impugned PTO at Annexure:A2;

and,

(ii) Grant such relief(s) to the Applicant as this Hon’ble Tribunal deems fit in the facts and circumstances of the case, in the interest of justice.”

2. During arguments, it is submitted by the counsel for applicant that his case is identical with the case of “ N. Prasad vs. Union of India , Writ Petition No.13837/2017 (S-CAT)” decided by the Division Bench of Hon’ble High Court of Karnataka on 29.10.2024. It appears from the documents submitted, that the aforesaid judgment has been stayed by the Hon’ble Supreme Court by interim order dated 24.03.2025 passed in SLP (Civil) Diary No.9677/2025 [Union of India and Another vs. N. Prasad]. It is stated in the aforesaid order of the Hon’ble Supreme Court that:-

“The effect and operation of the order dated 29.10.2024 passed by the High Court of Karnataka at Bengaluru, shall remain stayed.”

3. It is an admitted position that the aforesaid SLP is still pending before the Hon’ble Supreme Court. Both parties have agreed upon the contention that conditional order should be passed in this case in the light of the aforesaid judgment of High Court of Karnataka, subject to the final order passed in the SLP.

4. In the aforesaid situation, the following order is passed in this petition:-

a) The applicant shall be entitled to the same benefit which will finally be given to N.Prasad of the aforesaid petition after the final order of the Hon’ble Supreme Court passed in the SLP (Civil) Diary No.9677/2025.

b) The department will grant the same benefit to the applicant, if the benefit is granted to N.Prasad.

5. OA No.113/2020 is disposed of. Both parties shall bear their own costs.