Ex Hc/Gd Ram Lal Saran v. Union Of India And ORS.

$~28-38, 41, 43-45, 49-50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

28.

W.P.(C) 3742/2021, CM No.11294/2021 EX HC/GD BALA RAM 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.

W.P.(C) 3743/2021, CM No.11295/2021 EX HC GD BABU LAL Mrs. Bharathi Raju, CGSC with Mr.Aakash Meena (GP) Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP 30.

W.P.(C) 3744/2021, CM No.11296/2021 EX CT/GD AMI LAL 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

31.

W.P.(C) 3745/2021 CM No.11297/2021 EX ASI / GD POONMA RAM CHOUDHARY 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.

W.P.(C) 3746/2021 PURAN CHAND Mr. Krishan Kumar Sharma, Advocate UNION OF INDIA & ORS.

Mr. Avnish Singh, Mr. Adarsh Verma, Advocate and Mr. Aakash Meena (GP) 33.

W.P.(C) 3750/2021, CM No.11302/2021 EX HC GD RAM CHANDER Mr. Gaurang Kanth, CGSC with Mr.

Mohit, GP alongwith Ms. Biji Rajesh, Advocates & Mr. Aakash Meena

34.

W.P.(C) 3756/2021, CM No.11318/2021 EX HC/GD SAGATA RAM ....

Respondents Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena 35.

W.P.(C) 3758/2021, CM No.11320/2021 EX HC GD BHAWARA RAM Ms. Bharathi Raju, CGSC and Mr.Aakash Meena (GP) Mr. Anil Kaushik, Sr. Panel Counsel and Mr. Amit Gupta, GP 36.

W.P.(C) 3759/2021, CM No.11321/2021 EX HC/GD SONA RAM Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena

37.

W.P.(C) 3768/2021, CM No.11340/2021 EX ASI /GD HANUMAN RAM 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.

W.P.(C) 3769/2021, CM No.11341/2021 EX HC/GD SHRI PAL Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena 41.

W.P.(C) 3770/2021, CM No.11342/2021 EX CT/GD BHAR MAL Mr. Anil Kaushik, C.G.S.C., with Mr. Amit, GP, Advocate

43.

W.P.(C) 3792/2021, CM No.11399/2021 EX HC/GD RATANA RAM UNION OF INDIA AND ORS.

Mr. Gaurang Kanth, CGSC with Mr.

Mohit, GP alongwith Ms. Biji Rajesh, Advocates 44.

W.P.(C) 3794/2021, CM No.11402/2021 EX HC/GD RAM LAL SARAN UNION OF INDIA AND ORS.

Mr. Gaurang Kanth, CGSC with Mr.

Mohit, GP alongwith Ms. Biji Rajesh, Advocates 45.

W.P.(C) 3797/2021, CM No.11413/2021 EX HC/GD SAREEF KHAN Mr. Vikrant N. Goyal and Mr. Suraj Kumar, GP & Mr. Aakash Meena

49.

W.P.(C) 3799/2021, CM No.11433/2021 EX NK/GD SH BRIJ MOHAN Through 50.

W.P.(C) 3801/2021, CM No.11438/2021 EX HC GD DOUSHU KHAN SINCE DECEASED THROUGH HIS WIFE SMT BHAGBHARI Through % Date of Decision: 22nd March, 2021

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE ASHA MENON

J U D G M E N T

MANMOHAN, J (Oral):

1.

Present batch of petitions have been filed seeking a number of prayers. However, learned counsel for the petitioners 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 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.

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