Back
MANMOHAN, ASHA MENON
Om Prakash – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Though the present writ petition has been filed with a number of prayers, yet learned counsel for the petitioners confines his prayer to benefit of Second Modified Assured Career Progression Scheme (MACP) to the petitioners in the pay scale of Sub Inspector @ Rs 9300- 34,800/- with Grade pay of Rs 4200/- from 15th April 2006 upon completion of 20 years of regular service with CRPF by treating the MACP as applicable since 01st January, 2006 onwards; and to revise the pay of the Petitioners in above said terms and give the arrears to the Petitioners after rectification/revision of his pays scale along with subsequent benefits arising therefrom.
3. Learned counsel for the petitioners states that the issue involved in the present writ petition has already been decided by this Court in W.P.(C) 8203/2019 Ex. HC/GH Prahalad Vs. Union of India and Ors. vide order dated 13th September, 2019 as modified by order dated 18th September, 2019.
4. Learned counsel for the petitioners further submits that the Respondents have given the benefit of the 2nd MACP in an incorrect manner i.e. pay band of Assistant Sub-Inspec
The main legal point established in the judgment is the entitlement of the petitioners to the benefit of the 2nd MACP scheme from the date of completion of 20 years of service, as well as the obligat....
Prior judgments govern subsequent related claims, mandating adherence to previous decisions regarding entitlements under the MACP scheme.
The court directed the application of the 2nd MACP from 01st January 2006 based on precedents, ensuring correct pay scale alignment for the petitioner after 20 years of service.
The court ruled that the petitioner is entitled to the benefits of the 2nd MACP scheme, impacted from a specific date, following an authoritative precedent.
The court affirmed that entitled benefits under the MACP scheme should be granted retroactively from the completion of service, emphasizing adherence to prior judgments and liable interest for delaye....
Employees are entitled to 2nd MACP benefits after 20 years of service, with decisions referencing prior cases upheld, ensuring timely payment of benefits and adherence to established judicial precede....
The Court directed timely resolution of benefits claims, highlighting the importance of correct rank hierarchy in service law.
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
The court's decision was influenced by a previous decision of the Hon'ble Supreme Court on the same issue.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
