W.P.(C) 1021/2025 $~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1021/2025 DULI CHAND KOLI .....Petitioner Through: Mr. Shivanshu Bhardwaj, Advocate. versus PRINCIPAL DISTRICT AND SESSIONS JUDGE HQ AND ORS .....Respondent Through: Mrs. Avnish Ahlawat, SC for GNCTD with Mr. N.K. Singh, Ms. Aliza Alam, Mr. Mohnish Sehrawat & Mr. Amitoj Chadha, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 28.01.2025 1. The petitioner, who is in the service of establishment of the District Court, Tis Hazari, has filed this writ petition under Article 226 of the Constitution, for grant of third financial upgradation under the Modified Assured Career Progression Scheme [“MACPS”] with effect from March, 2019. 2. With the writ petition, the petitioner has annexed a copy of the communication dated 14.02.2024, by which he has been informed that his representations for this purpose, which were submitted on 13.10.2023 and 21.12.2023, have been kept in abeyance, awaiting the decision of the Administrative Legal Affairs Committee and the Government of National This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:45:39 W.P.(C) 1021/2025 Capital Territory of Delhi, regarding offsetting non-functional scale against one financial up-gradation under the MACPS. 3. Ms. Avnish Ahlawat, learned Standing Counsel for the respondents, submits that the matter remains pending before the said committee, and the petitioner’s case will be considered comprehensively upon receipt of the recommendations of the committee. Ms. Ahlawat relies upon a recent judgment of the Supreme Court in Union of India vs. N.M. Raut and Ors. [Civil Appeal No. 14380/2024, delivered on 12.12.2024]. She submits that in accordance with the said judgment, the non-functional up-gradation availed by the petitioner will have to be taken into account while considering his entitlement to MACPS. 4. Mr. Shivanshu Bhardwaj, learned counsel for the petitioner, however, submits that the petitioner’s representations have been awaiting consideration for a very long time, in the course of which his juniors have been granted both non-functional scale and financial upgradations under the MACPS. 5. I am of the view that the appropriate course, in the facts aforesaid, is to direct the respondents to consider the petitioner’s representation comprehensively and take a decision thereupon within a time bound period. Keeping in mind the objective of MACP upgradation - to prevent stagnation - and the long pendency of the petitioner’s representations, the respondents are directed to take an appropriate decision in accordance with law, within a period of three months from today, and communicate the same to the petitioner within two weeks thereafter. 6. While it is expected that the concerned committee will take an appropriate decision in a time frame which enables compliance with this This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:45:39 W.P.(C) 1021/2025 order, it is noted that the petitioner retires in September, 2025. The respondents are therefore directed to ensure that the decision is taken one way or the other, within the three months provided. 7. The writ petition stands disposed of, with the aforesaid directions. PRATEEK JALAN, J JANUARY 28, 2025 ‘pv/AD’/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/01/2025 at 12:45:39