Delhi High Court
Jagjit Singh vs Union Of India & Ors. on 9 February, 2021
$~Suppl-33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 1727/2021, CM APPL. 4989/2021
JAGJIT SINGH .....Petitioner
Through: Mr. K.K. Sharma, Advocate.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. D. S. Mehandaru, Advocate.
% Date of Decision: 09th February, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
1. Present petition has been filed seeking a number of prayers.
However, learned counsel for the petitioner prays that fixed medical
allowance per month @ Rs.1,000/- along with a similar order as passed by
a Division Bench in W.P.(C) No.6437/2019 dated 30th May, 2019 as well
as WP(C) No. 12811 of 2019 decided on 06th December, 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.
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. He, however, candidly state that there is no stay in the said
Special Leave Petitions.
4. It is pertinent to mention that the petitioner has preferred the present
writ petition to primarily seek a mandamus to the respondents to grant the
benefit of the First and Second financial upgradation under the ACP
scheme with effect from completion of 12 years and 24 years and the third
MACP on completion of 30 years of service. It is claimed that wherever
the second Financial upgradation is granted under the Second MACP, the
same shall be granted 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 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 petitioner
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, Jaswant Singh v. Union of India., WP(C) No.
22 of 2015 decided on 05.01.2015 as well as Jai Pal Singh v. Union of
India decided on 06.09.2013 in WP(C) No. 5539/2015 and Indian Ex-
Bordermen Movement and Ors. v. Union of India and Ors. decided on
03.02.2020 in WP(C) No. 7447/2019.
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 writ petition in similar terms as passed in
W.P.(C) No.6437/2019 i.e. a direction to the respondents to consider the
claims of the petitioner 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 as well as Jaswant Singh v. Union of
India (supra) decided on 05.01.2015 Jai Pal Singh v. Union of India
(supra) decided on 06.09.2013 in WP(C) No. 5539/2015 and Indian Ex-
Bordermen Movement (supra) decided on 03.02.2020 in WP(C) No.
7447/2019 and to dispose of the representation of the petitioner 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 writ petition along with
pending application stand disposed of.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 09, 2021
AS
