Delhi High Court
Si Gd Jaikaran Singh vs Union Of India And Others on 20 January, 2022
$~47 & 53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20.01.2022
+ W.P.(C) 1199/2022 & CM APPL. 3521/2022
SI GD JAIKARAN SINGH ..... Petitioner
Through: Mr.O.P Agarwal, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr.Vinod Diwakar, CGSC for
R-1 to R-6 with Mr.Kavindra
Gill, GP & Mr.Vishal Kr.
Singh, Adv.
+ W.P.(C) 1205/2022 & CM APPL. 3532/2022
EX HC GD SACHIDANAND .... Petitioner
Through: Mr.O.P Agarwal, Adv.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr.Vinod Diwakar, CGSC for
R-1 to R-6 with Mr.Kavindra
Gill, GP & Mr.Vishal Kr.
Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. The petitions have been heard by way of video conferencing.
2. Present petitions have been filed seeking a number of prayers.
However, learned counsel for the petitioners prays that a similar order
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1199/2022 & W.P.(C) 1205/2022
Signing Date:22.01.2022
23:11:21
as passed by a Division Bench in W.P.(C) No.6437/2019 dat ed 30 th
May, 2019 be passed in the present writ petitions. He clarifies that
neither the judgment and order dated 30 th 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 t h e
respondents. He states that in similar matters notices have been issu ed
by the Supreme Court in the application for condonation of delay an d
Special Leave Petitions. He, however, candidly states that t here is n o
stay in the said Special Leave Petitions.
5. It is pertinent to mention that t he pet itioners h ave preferred t he
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 h ave been
completed till the date the petitioners' voluntarily retired on 30 th Ju ne,
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
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1199/2022 & W.P.(C) 1205/2022
Signing Date:22.01.2022
23:11:21
Tyagi has been dismissed by the Supreme Court vide order dat ed 15 th
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 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 (su pra) 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 t h at in t he
event the Supreme Court varies or set asides the order passed by t h e
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 batch of writ petitions
along with pending applications stand disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 20, 2022/rv
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1199/2022 & W.P.(C) 1205/2022
Signing Date:22.01.2022
23:11:21
