Delhi High Court
Ex Hc Gd Bhagal Singh vs Uoi And Other on 15 March, 2021
$~Suppl.-17 to 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 3229/2021, CM APPL. 9827/2021
EX HC GD RAM CHANDER .....Petitioner
Through: Mr. Om Prakash Agarwal,
Advocate.
Versus
UOI AND OTHER .....Respondents
Through: Mr. Sanjeev Sabharwal, Advocate
for UOI with Mr. Anil Thakur,
Advocate.
+ W.P. (C) 3230/2021, CM APPL. 9828/2021
EX HC GD MANGE RAM .....Petitioner
Through: Mr. Om Prakash Agarwal,
Advocate.
Versus
UOI AND OTHER .....Respondents
Through: Mr. Vishal Mittal, Advocate
+ W.P. (C) 3231/2021, CM APPL. 9833/2021
EX HC GD BHAGAL SINGH .....Petitioner
Through: Mr. Om Prakash Agarwal,
Advocate.
Versus
UOI AND OTHER .....Respondents
Through: Mr. Sushil Kumar Pandey,
Advocate with Mr. Himanshu
Pathak, G.P.
Signature Not Verified
W.P. (C) 3229/2021 & connected Matters Page 1 of 4
Digitally Signed
By:MANJEET KAUR
Signing Date:18.03.2021
19:42:05
+ W.P. (C) 3233/2021, CM APPL. 9836/2021
SI GD BALDEV SINGH .....Petitioner
Through: Mr. Om Prakash Agarwal,
Advocate.
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Satya Ranjan Swami,
Advocate with Mr. Sahaj Garg, GP
and Mr. Kautiylya Birat,
Advocates.
+ W.P. (C) 3234/2021, CM APPL. 9837/2021
ASI GD GENA RAM DHAKA .....Petitioner
Through: Mr. Om Prakash Agarwal,
Advocate.
Versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Vijay Joshi, Advocate.
% Date of Decision: 15th March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
1. 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
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:18.03.2021
19:42:05
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.
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. They, 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 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.
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
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:18.03.2021
19:42:05
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 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 batch of writ petitions
along with pending applications stand disposed of.
MANMOHAN, J
ASHA MENON, J
MARCH 15, 2021
js
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:18.03.2021
19:42:05
