Delhi High Court
Asi Gd Balbir Singh And Ors vs Union Of India And Anr on 8 December, 2021
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13835/2021 & CM APPL.43663/2021
ASI GD BALBIR SINGH AND ORS ..... Petitioners
Through Mr. Abhishek Kumar
Chaudhary, Advocate.
versus
UNION OF INDIA AND ANR ..... Respondents
Through Mr. Niraj Kumar, Advocate
with Mr. Anshuman, Advocate.
Mr. Jatin Puniyani, Advocate.
% Date of Decision: 8th December, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petition has 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 on 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.
2. Issue notice.
Signature Not Verified
Digitally Signed
Signing Date:10.12.2021
11:20:58
3. Learned counsel for the respondents accepts notice. He states
that in similar matters notices have been issued by the Supreme Court
in the application for condonation of delay and Special Leave
Petitions. He, however, candidly states that there is no stay in the said
Special Leave Petitions.
4. It is pertinent to mention that the petitioners have preferred the
present writ petition 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. Learned counsel for the petitioners also places reliance on
Sunil Kumar Tyagi vs. Union of India & Anr., W.P. (C)
No.3549/2018 decided on 01st May, 2019. He emphasises that SLP
(Civil) No. 35888/2019, Union of India Vs. Sunil Kumar Tyagi has
been dismissed by the Supreme Court vide order dated 15th November,
2019 and even the Review Petition filed against the said order has
been dismissed on 27th July, 2021.
5. 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 writ petition in similar
Signature Not Verified
Digitally Signed
Signing Date:10.12.2021
11:20:58
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) as
well as Union of India & Ors. vs. M.V. Mohanan Nair, (2020) 5
SCC 421 and to dispose of the representations of the petitioners
positively within twelve weeks from today. In the event, the
respondents ask for any clarification, the petitioners shall furnish the
same within two weeks.
6. It is clarified that in the event the Supreme Court varies or set
asides the order passed by the Division Bench in the present petition
and/or any other similar matter, then the present order shall abide by
the order(s) passed by the Apex Court.
7. With the aforesaid direction, the present writ petition along with
pending application stands disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
DECEMBER 8, 2021
AS
Signature Not Verified
Digitally Signed
Signing Date:10.12.2021
11:20:58
