Full Text
HIGH COURT OF DELHI
28.
EX HC/GD BALA RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Ms. Bharathi Raju, CGSC with Mr. Aakash Meena (GP) for respondent
No. 1 to 6.
Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP
29.
EX HC GD BABU LAL ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mrs. Bharathi Raju, CGSC with Mr.Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP
30.
EX CT/GD AMI LAL ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Anil Kaushik, C.G.S.C., with Mr. Amit, GP, Advocate and Mr. Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP
2021:DHC:1037-DB
31.
EX ASI / GD POONMA RAM CHOUDHARY ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Anil Kaushik, C.G.S.C., with Mr. Amit, GP, Advocate and Mr. Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP
32.
PURAN CHAND ..... Petitioner
Through: Mr. Krishan Kumar Sharma, Advocate
Through: Mr. Avnish Singh, Mr. Adarsh Verma, Advocate and Mr. Aakash Meena (GP)
33.
EX HC GD RAM CHANDER..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Gaurang Kanth, CGSC with Mr. Mohit, GP alongwith Ms. Biji Rajesh, Advocates & Mr. Aakash Meena
(GP)
2021:DHC:1037-DB
34.
EX HC/GD SAGATA RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena
(GP)
35.
EX HC GD BHAWARA RAM..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Ms. Bharathi Raju, CGSC and Mr.Aakash Meena (GP)
Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP
36.
EX HC/GD SONA RAM..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena
(GP)
2021:DHC:1037-DB
37.
EX ASI /GD HANUMAN RAM ..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Uday Gupta, Ms. Siwani Lal Gupta, Mr. Hiren Dasan, Mr. Kripa Shankar, Mr. M.K. Tripathi, Mr.Chand Qureshi Advocate &
Mr.Aakash Meena (GP)
Mr. Anil Kaushik, C.G.S.C., with Mr. Amit, GP, Advocate and
38.
EX HC/GD SHRI PAL..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena
(GP)
41.
EX CT/GD BHAR MAL..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Anil Kaushik, C.G.S.C., with Mr. Amit, GP, Advocate
2021:DHC:1037-DB
43.
EX HC/GD RATANA RAM..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Gaurang Kanth, CGSC with Mr. Mohit, GP alongwith Ms. Biji Rajesh, Advocates
44.
EX HC/GD RAM LAL SARAN..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Gaurang Kanth, CGSC with Mr. Mohit, GP alongwith Ms. Biji Rajesh, Advocates
45.
EX HC/GD SAREEF KHAN..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through: Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena
(GP)
2021:DHC:1037-DB
49.
EX NK/GD SH BRIJ MOHAN..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through 50.
EX HC GD DOUSHU KHAN SINCE DECEASED THROUGH HIS
WIFE SMT BHAGBHARI..... Petitioner
Through: Mr. Om Prakash Aggarwal, Advocate
Through
Date of Decision: 22nd March, 2021
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
1. Present batch of petitions have been filed seeking a number of prayers. However, learned counsel for the petitioners prays that a similar 2021:DHC:1037-DB W.P. (C) 3742/2021 & connected matters 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 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 accept notice. Learned counsel for the respondents state that in similar matters, notices have been issued by the Supreme Court in the condonation of delay and special leave petitions. They, 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. 2021:DHC:1037-DB W.P. (C) 3742/2021 & connected matters
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. It is clarified that in the event the Supreme Court varies or set asides the order passed by the Division Bench in Sunil Kumar Tyagi vs. Union of India & Anr (supra) 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 batch of writ petitions along with pending applications stand disposed of. MANMOHAN, J ASHA MENON, J MARCH 22, 2021 pkb