VIMLESH KUMAR DANGI AND ANR.  Vs UNION OF INDIA AND ORS.

W.P. (C) 8940/2019 Page 1 of 3
$~Suppl. -40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 8940/2019
VIMLESH KUMAR DANGI AND ANR. …..Petitioners
Through: Mr. K.K. Sharma, Advocate.
Versus
UNION OF INDIA AND ORS. …..Respondents
Through: Mr. Jayant Bha tt, Senior Panel
Counsel with Ms. Nayantara Sharma,
Advocate.

% Date of Decision: 27th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J
1. Present petition ha s been filed seeking a number of prayers.
However, learned counsel for the petitioner s prays that a similar order as
passed by a Division Bench in W.P.(C) No.6437/2019 dated 30: (Oral)

th May, 2019
as well as WP(C) No. 12811 of 2019 decided on 06th December, 2019 be
passed in the present writ petition. He clarifies that neither the judgment
and order dated 30th
2. Issue notice. 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.
2021:DHC:307-DB W.P. (C) 8940/2019 Page 2 of 3
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 petitioner has preferred the present
writ petition to primarily seek a mandamus to the respondents to grant the
benefit of the First and S econd f inancial upgradation under the ACP scheme
with effect from completion of 12 years and 24 years and the third MACP
on completion of 30 years of service. It is claimed that wherever the second
Financial upgradation is granted under the Second MACP, the same shall be
granted 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 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 petitioner 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 01
st
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 May, 2019, Jaswant Singh
v. Union of India., WP(C) No. 22 of 2015 decided on 05.01.2015 as well as
Jai Pal Singh v. Union of India decided on 06.09.2013 in WP(C) No.
5539/2015 and Indian Ex-Bordermen Movemen t and Ors. v. Union of
India and Ors. decided on 03.02.2020 in WP(C) No. 7447/2019.
2021:DHC:307-DB W.P. (C) 8940/2019 Page 3 of 3
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 petitioners’ claim in the light of the judgments in Union of India and Ors.
Vs. Balbir Singh Turn & Anr. (supra) and Sunil Kumar Ty agi vs. Union of
India & Anr (supra) as well as Union of India & Ors. vs. M.V. Mohanan
Nair, (2020) 5 SCC 421 as well as Jaswant Singh v. Union of India (supra)
decided on 05.01.2015 Jai Pal Singh v. Union of India (supra) decided on
06.09.2013 in WP(C) No. 5539/2015 and Indian Ex -Bordermen Movement
(supra) decided on 03.02.2020 in WP(C) No. 7447/2019 and t o dispose of
the representation of the petitioner s 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 wr it petition stands disposed
of.
7. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 27, 2021
TS
2021:DHC:307-DB