Delhi High Court
Ex Hc Gd Hikmat Singh vs Union Of India And Others on 21 January, 2022
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 21.01.2022
+ W.P.(C) 1301/2022 & CM APPL. 3789/2022
EX HC GD HIKMAT SINGH ..... Petitioner
Through: Mr.Om Prakash Agarwal &
Mr.Sansar Kumar, Advs.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr.Vinod Diwakar, CGSC 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 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 sim ilar
order as passed by a Division Bench in W.P.(C) No.6437/2019
dated 30th May, 2019 be passed in the present writ pet ition. He
clarifies that neither the judgment an d order dat ed 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 Su preme Court
by the respondents.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1301/2022
Signing Date:23.01.2022
09:40:12
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 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 t h e said Special Leave
Petitions.
5. It is pertinent to mention that the petitioner has preferred t he
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. 01s t January,
2006 and wherever 20 years have been completed t ill t he dat e
the petitioner voluntarily retired on 30th June, 2006 or the dat es
mentioned in the prayer clause along with consequential
benefits including arrears. The petitioner claim is based u pon
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 Cou rt 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 h as been
dismissed by the Supreme Court vide order dated 15th
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1301/2022
Signing Date:23.01.2022
09:40:12
November, 2019 and even a Review Pet ition again st t he 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 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 an d t o dispose of
the representation of the petitioner positively within twelve
weeks from today. It is clarified that in the event t he Su preme
Court varies or set asides the order passed by the Division
Bench in the present petition and/or any ot her sim ilar m atter,
then the present order shall abide by th e order(s) of t h e Apex
Court.
7. With the aforesaid direction, the present writ pet ition along
with pending application stands disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
JANUARY 21, 2022/rv
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT W.P.(C) 1301/2022
Signing Date:23.01.2022
09:40:12
