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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Bijender Singh – Appellant
Versus
Director-general – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioners are seeking following reliefs:
"a.) Issue a Writ of mandamus or any other appropriate Writ/Direction/Order directing the Respondents to grant the Petitioner the benefit of the first Assured Career Progression ('ACP') Scheme with effect from October, 1999, when the Petitioner had actually completed 12 years of service instead of 30th December, 2000 or till the date of promotion as Head Constable;
b.) Issue a Writ of mandamus or any other appropriate Writ/Direction/Order directing the Respondents to grant the benefit of the 2nct MACP should be granted with effect from October, 2007 (instead of 1st September, 2008), when the Petitioner completed 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 respondent to fix the pay of petitioners/retired employees and admissible pay scale 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 respondent to issue revised pension order paying arrears of pension and the arrears of pay, accord
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 timely consideration of representations and the option for petitioners to challenge decisions if still aggrieved.
The court emphasized the importance of the respondents taking a final decision on the petitioner's representation within a specified timeframe.
The court's decision highlighted the principle of timely decision-making by the respondent authority in matters related to the MACP scheme.
The court reaffirmed that under the Modified Assured Career Progression Scheme, eligible employees are entitled to benefits from the date notified by the government, with rates and payment of arrears....
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