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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
P. M. Somaiah – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
W.P.(C) 10625/2021 & W.P.(C) 10680/2021
1. Vide these petitions, petitioners are seeking following relief(s):
"a. Direct the Respondents to grant the first ACP upgradation on completion of 12 years of service in the scale of Sub Inspector pay band of 5500-9000 with grade pay of Rs.4200/- from the date of completion of 12 years of service on the date each of them became eligible for ACP/MACP and other consequential benefits including arrears of payment being accrued thereto according to the settled position of law per the Hon'ble Supreme Court;
b. Direct the Respondents to grant the 2nd MACP upgradation on completion of 20 years of service in the scale of Inspector with pay band of Rs.9300-34800 with grade pay of Rs.4600/- on the date each of them became eligible for ACP/MACP till the Petitioners Voluntarily retired and other consequential benefits including arrears of payment being accrued thereto according to the settled position of law per the Hon'ble Supreme Court;
c. Direct the Respondents to treat the Petitioners be treated at par with Head Constables in exactly similar circumstances in other CAPFs who have been extended the benefit of ACP/MACP in the pay band of
The court's decision was influenced by a previous decision of the Hon'ble Supreme Court on the same issue.
The court's decision was influenced by the interpretation of the ACP Scheme and the reliance on a previous Supreme Court decision.
The Court directed timely resolution of benefits claims, highlighting the importance of correct rank hierarchy in service law.
The court emphasized the importance of the respondents taking a final decision on the petitioner's representation within a specified timeframe.
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 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....
The court emphasized the importance of timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
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.
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