CM Nos. 11577-78/2016 (Exemption)

1. Exemption allowed subject to all just exceptions.

2. Accordingly, these applications stand disposed of.

3. The challenge in this writ petition is to the order dated 6th October, 2015 passed by the Central Administrative Tribunal (CAT) by which an OA filed by the respondent seeking grant of MACP has been allowed.

4. An additional affidavit has been filed wherein it has been deposed as under:

“That as per record, Sh.N.K. Rohtagi completed 30 years of regular service on 10.01.2002 and was accordingly eligible for 3rd financial upgradation with effect from 01.09.2008 i.e. the date of introduction of the MACP Scheme.

That as on the due date of eligibility of MACP i.e. 01.09.2008, Sh. Rohtagi was holding the higher post of JAO on ad hoc basis, while holding the post of UDC on regular basis.

That as per Para-26 of the annexure to the OM dated 19.05.2009 of GOI, DoPT, cases of persons holding higher posts purely on ad hoc basis shall also be considered by the Screening Committee along with others. They may be allowed the benefit of financial up gradation on reversion to the lower post or if it is beneficial vis-à-vis the pay drawn on ad h