Delhi High Court
Kripa Shankar Rai & Ors. vs Union Of India & Ors. on 25 March, 2021
$~Suppl.-17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3740/2021 & C.M.No.11278/2021
KRIPA SHANKAR RAI & ORS. ..... Petitioners
Through Mr.K.K.Sharma, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Nirvikar Verma with
Mr.Anshuman, Advocates.
% Date of Decision: 25th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
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 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.
2. Issue notice.
3. Learned counsel for the respondents accepts notice. Learned counsel
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
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.
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 30 th 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 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) 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
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
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
MARCH 25, 2021
KA
Signature Not Verified
By:MANJEET KAUR
Signing Date:26.03.2021
17:52:00
