Delhi High Court
Ex Hc Gd Ganga Singh vs Union Of India And Others on 19 January, 2022
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 19.01.2022
+ W.P.(C) 1147/2022 & CM APPL. 3304/2022
EX HC GD GANGA SINGH .... Petitioner
Through: Mr.Om Prakash Agarwal, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr.Vinod Diwakar, CGSC for
UOI with Mr.Kavindra Gill,
GP.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. The petition has been heard by way of video conferencing.
2. Present petition has been filed 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 dated 30th
May, 2019 be passed in the present writ petition. 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. Mr.Vinod Diwakar, learned counsel accepts notice on behalf of the
respondents. He states that in similar matters notices have been issued
Signature Not Verified
Digitally Signed
Signing Date:20.01.2022
21:41:21
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.
5. It is pertinent to mention that the petitioner has preferred the present
writ petition 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 petitioner 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 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 petitioner 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.
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 writ petition in similar
terms as passed in W.P.(C) No.6437/2019 i.e. a direction to the
respondents to consider the petitioner's claim in the light of the
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Digitally Signed
Signing Date:20.01.2022
21:41:21
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 representation of the petitioner
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.
7. With the aforesaid direction, the present writ petition along with
pending application stands disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 19, 2022/rv
Signature Not Verified
Digitally Signed
Signing Date:20.01.2022
21:41:21
