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2021 Supreme(Kar) 688

SATISH CHANDRA SHARMA, S.VISHWAJITH SHETTY
Union of India, Represented by Secretary Ministry of Defence – Appellant
Versus
N. Sridharan, S/o. Late N. Nagaraja Rao – Respondent


Advocates Appeared:
For the Petitioner: Sri H. Jayakara Shetty.
For the Respondent: Sri N.G. Phadke.

ORDER :

Regard being had to the similitude controversy involved in both the cases, they were heard analogously together and common order is being passed in both the cases.

2. Both Writ Petitions are arising out of the order dated 18th July 2019 passed by the Central Administrative Tribunal, Bangalore Bench (for brevity “the Tribunal”) in Original Application No.170/1805/2018 and Original Application No.170/1802/2018 respectively.

3. The facts of both cases reveal that the respondents/employees started their service career in the Military Engineering Service, Ministry of Defence, as Grade II Superintendent (B/R), a Civilian employee and on attaining the age of superannuation have retired from service on 31.03.2008 and 31.05.2008 respectively. The undisputed facts make it very clear that they were granted first upgradation under the Modified Assured Career Progression Scheme (MACPS) as well as Second Upgradation under the MACP scheme. The dispute arose only in respect of grant of III-MACPS benefits, which is granted to the employees after completion of 30 years of service. The Tribu

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