Delhi High Court
Asi/Gd Shyam Oraon vs Union Of India And Ors. on 8 March, 2021
$~Suppl-23 & 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
23.
+ W.P. (C) 3038/2021, CM APPL. 9207/2021
ASI/GD SHYAM ORAON .....Petitioner
Through: Mr. O.P. Aggarwal, Advocate
Versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Vikram jetly & Mr. Jitendra
Kumar Tripathi (GP) for Union Of
India
28.
+ W.P. (C) 3071/2021, CM APPL. 9318/2021
ASI GD SHEKHAR CHANDRA PANDEY .....Petitioner
Through: Mr. O.P. Aggarwal, Advocate
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Avnish Singh Advocate
% Date of Decision: 8th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J: (Oral)
1. The petitions have been heard by way of video conferencing.
2. 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.
3. Issue notice.
4. 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.
5. 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.
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 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.
7. With the aforesaid direction, the present batch of writ petitions along
with pending applications stand 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
MARCH 8, 2021
PKB/KA
