AI Structured Summary
Not yet generated for this judgment
Judgment
PER HON’BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J)
Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
Through this Original Application, applicant has prayed for the following relief (s):-
(a)issue order/direction/in the nature of certiorari quashing the order dated 3.6.2019, contained in Annexure no.1, issued by respondent no.4 whereby the applicant has been denied the Grade Pay of Rs.4200/- as IInd financial up-gradation under MACP Scheme w.e.f. 3.1.2014 (Compilation No.1) with all benefits of service.
{b} issue order/direction/in the nature of mandamus directing the respondents to grant the Grade Pay of Rs.42--/- as IInd financial up-gradation under MACP Scheme w.e.f. 3.1.2014, on completion of 20 years of service, and pay the arrears thereof and also to revise the pensionary benefits accordingly including the pension alongwith interest @ 12% per annum from the date of its due till the date of actual payment.
{c} issue such other order/direction which may be deemed just and proper in the circumstances of the case.
{d} allow the Original Application with cost against the respondents in view of the facts and circumstances, legal provisions and Grounds raised in the Application.”
At the outset, learned counsel for the applicant submitted that applicant would be satisfied if respondents/competent authority are directed to decide the case of the applicant in the light of judgment passed by this Tribunal dated 31.10.2013 in O.A.No.130/2013 inre: Pooran Singh & Others vs. Union of India & Others, Hon’ble High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur dated 10.12.2015 in D.B. Civil Writ Petition No.11538/2014 inre: Anand Prakash Bhatnagar vs. Union of India & Others, Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.(s).22650/2018 inre: Union of India & Others vs. Jagdish Prasad Sharma which are annexed at Annexure-3, Annexure-4 and Annexure-5 within the stipulated period of time as directed by this Tribunal.
Further argued that impugned order dated 03.06.2019 (Annexure-1) may also be quashed.
Learned counsel for the respondents did not oppose the aforesaid submission, however, prayed for sufficient time be provided to dispose of the case of the applicants.
In view of the above, impugned order dated 03.06.2019 (Annexure-1) is quashed. Respondents/competent authority are directed to decide the case of the applicant in the light of judgment passed by this Tribunal dated 31.10.2013 in O.A.No.130/2013 inre: Pooran Singh & Others vs. Union of India & Others, Hon’ble High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur dated 10.12.2015 in D.B. Civil Writ Petition No.11538/2014 inre: Anand Prakash Bhatnagar vs. Union of India & Others, Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.(s).22650/2018 inre: Union of India & Others vs. Jagdish Prasad Sharma by passing a reasoned and speaking order within a period of three months from the date of receipt of certified copy of this order under intimation to the applicant forthwith.
OA is disposed of accordingly.
It is made clear that we have not touched upon the merits of the case.
Applicability of the judgments passed by this Tribunal dated 31.10.2013 in O.A.No.130/2013 inre: Pooran Singh & Others vs. Union of India & Others, Hon’ble High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur dated 10.12.2015 in D.B. Civil Writ Petition No.11538/2014 inre: Anand Prakash Bhatnagar vs. Union of India & Others, Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.(s).22650/2018 inre: Union of India & Others vs. Jagdish Prasad Sharma or otherwise shall be determined by competent authority while deciding the case of the applicant.
Pending MAs, if any, also stand disposed of accordingly.
There is no order as to costs.