Delhi High Court
Ex Hc/Gd Sona Ram vs Uoi And Other on 22 March, 2021
$~28-38, 41, 43-45, 49-50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
28.
+ W.P.(C) 3742/2021, CM No.11294/2021
EX HC/GD BALA RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Ms. Bharathi Raju, CGSC with Mr.
Aakash Meena (GP) for respondent
No. 1 to 6.
Mr. Anil Kaushik, Sr. Panel Counsel
and Mr. Amit Gupta, GP
+ W.P.(C) 3743/2021, CM No.11295/2021
EX HC GD BABU LAL ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER ..... Respondent
Through: Mrs. Bharathi Raju, CGSC with
Mr.Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel
and Mr. Amit Gupta, GP
+ W.P.(C) 3744/2021, CM No.11296/2021
EX CT/GD AMI LAL ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Anil Kaushik, C.G.S.C., with Mr.
Amit, GP, Advocate and Mr. Aakash
Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel
and Mr. Amit Gupta, GP
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
+ W.P.(C) 3745/2021 CM No.11297/2021
EX ASI / GD POONMA RAM CHOUDHARY ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER ..... Respondent
Through: Mr. Anil Kaushik, C.G.S.C., with Mr.
Amit, GP, Advocate and Mr. Aakash
Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel
and Mr. Amit Gupta, GP
+ W.P.(C) 3746/2021
PURAN CHAND ..... Petitioner
Through: Mr. Krishan Kumar Sharma, Advocate
versus
UNION OF INDIA & ORS. ..... Respondent
Through: Mr. Avnish Singh, Mr. Adarsh
Verma, Advocate and Mr. Aakash
Meena (GP)
+ W.P.(C) 3750/2021, CM No.11302/2021
EX HC GD RAM CHANDER
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Gaurang Kanth, CGSC with Mr.
Mohit, GP alongwith Ms. Biji Rajesh,
Advocates & Mr. Aakash Meena
(GP)
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
+ W.P.(C) 3756/2021, CM No.11318/2021
EX HC/GD SAGATA RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER .... Respondents
Through: Mr. Vikrant N. Goyal and Mr. Suraj
Kumar, GP & Mr. Aakash Meena
(GP)
+ W.P.(C) 3758/2021, CM No.11320/2021
EX HC GD BHAWARA RAM
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Ms. Bharathi Raju, CGSC and
Mr.Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel
and Mr. Amit Gupta, GP
+ W.P.(C) 3759/2021, CM No.11321/2021
EX HC/GD SONA RAM
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Vikrant N. Goyal and Mr. Suraj
Kumar, GP & Mr. Aakash Meena
(GP)
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
+ W.P.(C) 3768/2021, CM No.11340/2021
EX ASI /GD HANUMAN RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER ..... Respondent
Through: Mr. Uday Gupta, Ms. Siwani Lal
Gupta, Mr. Hiren Dasan, Mr. Kripa
Shankar, Mr. M.K. Tripathi,
Mr.Chand Qureshi Advocate &
Mr.Aakash Meena (GP)
Mr. Anil Kaushik, C.G.S.C., with Mr.
Amit, GP, Advocate and
+ W.P.(C) 3769/2021, CM No.11341/2021
EX HC/GD SHRI PAL
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Vikrant N. Goyal and Mr. Suraj
Kumar, GP & Mr. Aakash Meena
(GP)
+ W.P.(C) 3770/2021, CM No.11342/2021
EX CT/GD BHAR MAL
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Anil Kaushik, C.G.S.C., with
Mr. Amit, GP, Advocate
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
+ W.P.(C) 3792/2021, CM No.11399/2021
EX HC/GD RATANA RAM
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. Gaurang Kanth, CGSC with Mr.
Mohit, GP alongwith Ms. Biji Rajesh,
Advocates
+ W.P.(C) 3794/2021, CM No.11402/2021
EX HC/GD RAM LAL SARAN
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UNION OF INDIA AND ORS.
..... Respondent
Through: Mr. Gaurang Kanth, CGSC with Mr.
Mohit, GP alongwith Ms. Biji Rajesh,
Advocates
+ W.P.(C) 3797/2021, CM No.11413/2021
EX HC/GD SAREEF KHAN
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through: Mr. Vikrant N. Goyal and Mr. Suraj
Kumar, GP & Mr. Aakash Meena
(GP)
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
+ W.P.(C) 3799/2021, CM No.11433/2021
EX NK/GD SH BRIJ MOHAN
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through
+ W.P.(C) 3801/2021, CM No.11438/2021
EX HC GD DOUSHU KHAN SINCE DECEASED THROUGH HIS
WIFE SMT BHAGBHARI
..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
versus
UOI AND OTHER
..... Respondent
Through
% Date of Decision: 22nd 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
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
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.
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.
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
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 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.
6. With the aforesaid direction, the present batch of writ petitions along
with pending applications stand disposed of.
MANMOHAN, J
ASHA MENON, J
MARCH 22, 2021
pkb
Signature Not Verified
Digitally Signed
By:MANJEET KAUR
Signing Date:23.03.2021
21:40:39
