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2022 Supreme(Cal) 1503

HARISH TANDON, SHAMPA DUTT (PAUL)
Union of India – Appellant
Versus
Samir Kumar Bandyopadhyay – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Subhankar Chakraborty, Saptarshi Bhattacharjee, R. Manna.
For the Respondents: Ujjal Ray, Arpa Chakraborty.

JUDGMENT :

1. The instant writ petitions are filed at the behest of the Union of India assailing a common order dated 15th November, 2021 passed by the Central Administrative Tribunal disposing of several tribunal applications filed by the respective applicants therein by which the direction was passed upon the writ petitioners to refund recovered amount within a period of two months from the date of the receipt of the said order.

2. The respondents being the applicants before the Tribunal were employed in different cadres in several zonal railways through the Railway Recruitment Board. Subsequently they were promoted and absorbed as motorman in the Metro Railway. By acceptance of the recommendation of 6th Pay Commission, they were entitled to Grade Pay of Rs.4,200/- in Pay Band 2 because of the stagnancy in the promotional avenues in the Metro Railway. Subsequently the Board adopted the Modified Assured Career Policy (MACP) scheme in the year 2009 and the applicants, respondents herein, were given the financial upgradation under the said scheme and received such benefits until the circular dated 28th April, 2017 was issued.

3. By the said circular, the recruited motorman in the Metro

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