SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Subhash Chander – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The petitioners in his petition has made following prayer:
b) To direct the respondents to grant the petitioners the benefit of 2nd MACP Upgradation on completion of 20 years of service in the pay band of 9300-34800 with grade pay of 4200, from the date of completion of 20 years of service.
c) To direct the respondents to fix the pay of petitioners in eligible and admissible pay scales as per hierarchy after granting financial upgradation under MACP from their respective due dates in the pay scale of SI with Admissible grade pay;
d) To direct the respondents to issue revised pension order paying arrears of pension in cases of petitioner nos. 16 and 23 and the arrears of pay, accordingly on the interest @ 12 % p.a. from the date due.
2. In view of the averments made in the present petition, we hereby dispose of the present petition directing the respondents to take the present petition as representation filed by the petitioner and the same shall be de
The court's decision was influenced by the interpretation of the ACP Scheme and the reliance on a previous Supreme Court decision.
The court emphasized the importance of the respondents taking a final decision on the petitioner's representation within a specified timeframe.
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.
The court mandates the Respondents to decide a pending representation concerning financial up-gradation and pay fixation within a stipulated timeframe, emphasizing procedural adherence.
The court's decision highlighted the principle of mandamus, emphasizing the need for timely decisions on representations made by petitioners.
The court's decision was influenced by specific Supreme Court and Division Bench judgments on financial upgradation benefits under the ACP scheme.
The court's decision was based on the specific judgments cited by the petitioner and the absence of any interim order from the Supreme Court in similar matters.
The court's decision was based on the interpretation and application of specific judgments in the context of financial upgradation under the ACP scheme.
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