SI GD ANIL KUMAR  Vs UOI AND OTHER

W.P. (C) 971/2021 Page 1 of 4
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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 971/2021 & CM APPL. 2622/2021
SI GD ANIL KUMAR ….. Petitioner
Through: Mr.O.P.Agarwal, Advocate.

versus

UOI AND OTHER ….. Respondents
Through: Mr. Alok Sing h, Sr. Panel Counsel
with Mr. Gaurav Bhardwaj,
Advocate.
Mr. Vindo Diwakar, CGSC with
Mr. Vishal Kr. Singh, Advocate.

% Date of Decision: 25th January, 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 petit ion ha s 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 30W.P. (C) 971 /2021
th May,
2019 as well as WP(C) No. 12811 of 2019 decided on 06th December, 2019
2021:DHC:278-DB W.P. (C) 971/2021 Page 2 of 4
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.
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, candid ly 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 inancia l 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. 01
st 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 01st May, 2019, Jaswant Singh v. Union of India., WP(C) No.
2021:DHC:278-DB W.P. (C) 971/2021 Page 3 of 4
22 of 2015 decided on 05.01.2015 as well as Jai Pal Singh v. Union of
India decided on 06.09.201 3 in WP(C) No. 5539/2015 and Indian Ex-
Bordermen Movement and Ors. v. Union of India and Ors. decided on
03.02.2020 in WP(C) No. 7447/2019.
5. As admittedly there is no interim order passed by the Supreme Court
in any of the special leave pe titions 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
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 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 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 writ petition along with
pending application stand disposed of.

2021:DHC:278-DB W.P. (C) 971/2021 Page 4 of 4
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 25, 2021
AS
2021:DHC:278-DB