Delhi High Court
Jagbir Singh vs Union Of India & Ors. on 17 February, 2021
$~Suppl.-29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 839/2021, CM APPL. 2141/2021
JAGBIR SINGH .....Petitioner
Through: Mr. K.K. Sharma, Advocate
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rishabh Sahu, Advocate
% Date of Decision: 17th February, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
1. The petition has been heard by way of video conferencing.
2. Present petition has been filed seeking a number of prayers.
However, learned counsel for the petitioner 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 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.
3. Issue notice.
4. Learned counsel for the respondents accept notice. Learned counsel
for the respondents states that in similar matters, notices have been issued
by the Supreme Court in the condonation of delay and Special Leave
Petitions. He, however, candidly states that there is no stay in the said
Special Leave Petitions.
5. 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 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
petitioner voluntarily retired on 30th June, 2006 or the dates mentioned in
the prayer clause along with consequential benefits including arrears. The
petitioner's 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 places 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.
6. 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 petitionin similar terms as passed in
W.P.(C) No.6437/2019 i.e. a direction to the respondents to consider the
petitioner's claim in the light of the judgments inUnion 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 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.
7. With the aforesaid direction, the present writ petition along with
pending application stands disposed of.
8. 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 17, 2021
KA/PKB
