V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India Through The Secretary – Appellant
Versus
Vijay Kumar Saxena – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 32888/2023 and CM APPL. 32890/2023
Exemptions allowed subject to all just exceptions
Applications stand disposed of.
W.P.(C) 8688/2023
1. The challenge in this writ petition is to an order dated September 29, 2022 in Original Application being OA 3321/2015 (`OA', for short) passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby the Tribunal has allowed the OA filed by the respondent herein by stating in paragraphs 6 and 7 as under:
"6. In nut shell, we are of the considered opinion that the applicant is entitled for IInd and IIIrd financial upgradations under both ACP/MACP Schemes with effect from the date of initial appointment, i.e., the date of regularization of his appointment i.e.,13.07.1976. Hence, prima facie, the applicant has succeeded in making out his case for 2nd ACP w.e.f. 13.07.2000 instead of 05.01.2004 and 3rd MACP w.e.f. 05.01.2008 as has earlier been granted by the respondents themselves, vide order No. 73 dated 11.08.2010.
7. With the above observation, the OA is allowed. The respondents are directed to re-fix the pay of the applicant in terms of the order and pay him the arrears thereof within a
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