Delhi High Court
Ajay Kumar Singh And Ors vs Union Of India And Ors on 25 February, 2021
$~Suppl.-13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 2610/2021, CM APPL. 7732/2021
AJAY KUMAR SINGH AND ORS .....Petitioners
Through: Mr.Ankur Chhibber with Mr.Nikunj
Arora, Advocates.
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr.Sanjay Kumar Pathak, Sr.Panel
Counsel with Mr.Anirudh Shukla,
Advocates.
% Date of Decision: 25th 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 petitioners pray that 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 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 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 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 year of service. It is claimed that wherever
the second Financial upgradation is granted under the second MACP, the
same hall 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 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, 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
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) , Union of India & Ors. vs. M.V. Mohanan Nair,
(2020) 5 SCC 421 as well as 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 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 writ petition along with
pending application stands disposed of.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 25, 2021
KA
