EX. HC/GD Mahesh Prasad vs Union Of India And Ors

Manmohan, J

CM APPL. 6991/2021 (Exemption) in W.P. (C) 2403/2021

Exemption allowed, subject to all just exceptions.

W.P. (C) 2403/2021

The petition has been heard by way of video conferencing.

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.

Issue notice.

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.

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’s voluntarily retired on 30th November, 2008 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

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.

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 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.

With the aforesaid direction, the present writ petition along with pending application stand disposed of.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.