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2022 Supreme(SC) 53

M. R. SHAH, SANJIV KHANNA
Director, Directorate of Enforcement – Appellant
Versus
K. Sudheesh Kumar – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Madhavi Divan, ASG Mr. Zoheb Hossain, Adv. Mr. B.K. Satija, Adv. Mr. Ashok Panigrahi, Adv. Mr. Manan Popli, Adv. Mr. M.K. Maroria, AOR Mr. B. Krishna Prasad, AOR
For the Respondent(s): Mr. Alexander M. Paikaday, Adv. Mr. Sunil Roy, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.10.2019 passed by the High Court of Kerala at Ernakulam in OP (CAT) No. 171 of 2019, by which the High Court has allowed the said original petition (OP) and set aside the order passed by the learned Central Administrative Tribunal, Ernakulam Bench and has declared that respondent Nos.1 & 2 herein – original petitioners are entitled to grade pay of Rs.6600/on their third financial upgradation as per the Modified Assured Career Progression (MACP) Scheme and they be paid the pension accordingly with effect from April, 2015, the Director, Directorate of Enforcement, New Delhi and another – original respondents before the High Court, have preferred the present appeal.

2. That the private respondent Nos.1 & 2 herein were appointed as Assistant Enforcement Officer (AEO) in the year 1976 and 1977, respectively. That in the year 2009, the Government of India – Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training) notified the MACP Scheme for the Central Government Civilian Employees. The Scheme further provided as per clause 8.1 (which is relevant s

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