Delhi High Court
Ex. Hc/Gd Jagdish Prasad vs Union Of India And Ors. on 25 October, 2021
$~13 & 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 157/2020
EX. HC/GD JAGDISH PRASAD ..... Petitioner
Through: Mr. O.P. Agarwal, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Ms. Archana Gaur and Ms.
Ridhima Gaur, Advocates.
WITH
+ W.P.(C) 172/2020
EX. ASI/GD DESH RAJ ..... Petitioner
Through: Mr. O.P. Agarwal, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Ms. Archana Gaur and Ms.
Ridhima Gaur, Advocates.
% Date of Decision: 25th October, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ 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
Signature Not Verified
Digitally Signed
Signing Date:27.10.2021
21:03:28
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. She states
that in similar matters notices have been issued by the Supreme Court
in the application for condonation of delay and Special Leave
Petitions. She, 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. He
emphasises that SLP (Civil) No. 35888/2019, Union of India Vs.
Sunil Kumar Tyagi has been dismissed by the Supreme Court vide
order dated 15th November, 2019 and even a Review Petition against
the said order has been dismissed on 27th July, 2021.
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Signing Date:27.10.2021
21:03:28
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. In the event, the
respondents ask for any clarification, the petitioners shall furnish the
same within two weeks.
6. It is clarified that in the event the Supreme Court varies or set
asides the order passed by the Division Bench in the present petition
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 writ petitions along
with pending applications stand disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER 25, 2021
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Digitally Signed
Signing Date:27.10.2021
21:03:28
