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2017 Supreme(Cal) 234

NISHITA MHATRE, TAPABRATA CHAKRABORTY
Mitali Ghosh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ashok Chakraborty, S.K. Dutta, Chiradip Sinha, Barun Chatterjee, Arpa Chakraborty
For the Respondents: Partha Sarathi Bose, Swapan Banerjee, Arunava Ganguly, Kunal Ganguly, Subrata Dasgupta, Aparna Banerjee

JUDGMENT :

Tapabrata Chakraborty, J.

1. The primary bone of contention among the warring litigants is whether the benefits of Modified Assured Career Progression Scheme (hereinafter referred to as MACPS) can be extended beyond the hierarchy of the posts of the cadre and can be of a quantum more than the grade pay of the promotional post.

2. Initially one Mitali Ghosh (Sarkar) approached the learned Tribunal by an original application being O.A. 350/00589/2014 challenging the railway board’s circulars dated 13th December, 2012, 30th July, 2013 and 16th September, 2013 by which it was sought to be clarified that the financial upgradation under Assured Career Progression Scheme (hereinafter referred to as ACPS) and MACPS cannot be a higher grade than what can be allowed to an employee on his normal promotion and a decision was adopted to deduct the alleged excess amount already paid to the applicant. The contention of the applicant in the said original application was that she was initially appointed as a Staff Nurse and that thereafter promoted to the post of Nursing Sister. Subsequent thereto, she was promoted to the post of Chief Matron in the grade pay of Rs. 5,400/-. After completio




























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