Delhi High Court
Ex Hc/Gd Bhagwan Ram vs Uoi And Other on 5 February, 2021
$~Suppl.-24 to 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 1513/2021 & CM APPL. 4335/2021
EX HC/GD BHAGWAN RAM .....Petitioner
Through: Mr. O.P. Agarwal, Advocate.
Versus
UOI AND OTHER .....Respondents
Through: Mr. Anil Kaushik, Advocate with
Mr. Amit Kkumar dogra, Advocate
for UOI.
WITH
+ W.P. (C) 1514/2021 & CM APPL. 4336/2021
EX L NAIK OM PRAKASH .....Petitioner
Through: Mr. O.P. Agarwal, Advocate.
Versus
UOI AND OTHER .....Respondents
Through: Mr. Anil Kaushik, Advocate with
Mr. Amit Kkumar dogra, Advocate
for UOI.
AND
+ W.P. (C) 1515/2021 & CM APPL. 4337/2021
EX HC GD OM PRAKASH .....Petitioner
Through: Mr. O.P. Agarwal, Advocate.
Versus
W.P. (C) 1513, 1514 & 1515 of 2021 Page 1 of 4
UOI AND OTHER .....Respondents
Through: Mr. Anil Kaushik, Advocate with
Mr. Amit Kkumar dogra, Advocate
for UOI.
% Date of Decision: 05th February, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
1. Present batch of 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.
2. Issue notice.
3. 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 condonation of delay and special leave
petitions. They, however, candidly state 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 petitions 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. The petitioners also place reliance on
the decision of the Division Bench of this Court in Sunil Kumar Tyagi
vs. Union of India & Anr., W.P. (C) No.3549/2018 decided on 01st May,
2019.
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 batch of writ petitions in
similar 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. It is clarified that in the event the
Supreme Court varies or set asides the order passed by the Division
Bench in Sunil Kumar Tyagi vs. Union of India & Anr (supra) and/or
any other similar matter, then the present order shall abide by the
order(s) of the Apex Court.
6. With the aforesaid direction, the present batch of writ petitions
along with pending applications stand disposed of.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 05, 2021
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