Delhi High Court
Exhc Gd Phool Chand Since Deceased ... vs Union Of India And Others on 29 October, 2021
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12358/2021 & CM APPL. 38868/2021
EXHC GD PHOOL CHAND SINCE DECEASED
THROUGH HIS WIDOW SMT LILAVATI ..... Petitioner
Through: Mr. Om Prakash Agarwal, Advocate.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Akshay Amritanshu, Advocate for
UOI.
% Date of Decision: 29th October, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
CM Appl. 38868/2021 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 12358/2021
1. Present petition has been filed by the petitioner seeking a number of
prayers. However, learned counsel for the petitioner prays that a similar
order as passed by a Division Bench in W.P.(C) No.6437/2019 on 30th May,
2019 be passed in the present writ petition. He also 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.
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:01.11.2021
17:36:04
2. Issue notice.
3. Learned counsel for the respondents accepts notice. Learned counsel
for the respondents state that in similar matters notices have been issued by
the Supreme Court in the application for 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 petitioner who is a widow has
preferred the present writ petition primarily to seek a mandamus to the
respondents to grant benefit of the second financial upgradation to her late
husband under 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 her late husband voluntarily retired on 30th June,
2006 or the dates mentioned in the prayer clause along with consequential
benefits including arrears. The petitioner's claim is based upon the decision
passed by 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 petitioner also places
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 the Review Petition filed
against the said order has also been dismissed on 27th July, 2021.
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
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:01.11.2021
17:36:04
W.P.(C) No.6437/2019 i.e. a direction to the respondents to consider the
claim of the petitioner's husband in the light of judgments passed in Union
of India and Ors. Vs. Balbir Singh Turn & Anr. (supra) and Sunil Kumar
Tyagi (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 the present petition 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 stand disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
OCTOBER 29, 2021
js
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:01.11.2021
17:36:04
