Manmohan, J
1. The petition has been heard by way of video conferencing.
2. 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.
3. Issue notice.
4. Mr.Vinod Diwakar, learned counsel accepts notice on behalf of the respondents. He states that in similar matters notices have been issued by the
Supreme Court in the application for condonation of delay and Special Leave Petitions. He, however, candidly states that there is no stay in the said
Special Leave Petitions.
5. 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 voluntarily retired on 30th June, 2006 or the dates mentioned in
the prayer clause along with consequential benefits including arrears. The petitioner 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. He emphasises that SLP (Civil) No. 35888/2019, Union of India Vs. Sunil Kumar Tyagi has been dismissed
by the Supreme Court vide order dated 15th November, 2019 and even a Review Petition against the said order has been dismissed on 27th July,
2021.
6. 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 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 the present petition and/or any other similar matter, then the present order shall abide by the order(s) of the Apex Court.
7. With the aforesaid direction, the present writ petition along with pending application stands disposed of.
