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2023 Supreme(Del) 4071

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Govt. of NCT of Delhi – Appellant
Versus
Om Prakash – Respondent


Advocates appeared:
Mrs. Avnish Ahlawat, Standing Counsel GNCTD (Services) with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Petitioner.

JUDGMENT

V. Kameswar Rao (Oral)

CM APPL. 40697/2023

Exemption allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 10503/2023, CM APPL. 40696/2023 & 40698/2023

1. The challenge in this writ petition is to an order dated April 28, 2022 passed by Central Administrative Tribunal, Principal Bench, New Delhi (in short `Tribunal') in Original Application 3228/2015 (in short O.A.), whereby the Tribunal has allowed the O.A. filed by the respondent herein.

2. The claim of the respondent before the Tribunal was with regard to second ACP w.e.f. August 09, 1999.

3. The case of the respondent before the Tribunal was that the Govt. of NCT has implemented the Old ACP Scheme as issued by the Govt. of India in the year 2003, but w.e.f. August 09, 1999 and as per the instructions issued by the petitioners, a Teacher working as a TGT, who has the post-graduation qualification, shall be entitled to the second financial upgradation to the scale of 6500-10500 i.e. the scale of the PGT w.e.f. August 09, 1999.

4. The Tribunal granted the relief by stating in paragraph 18 as under:

    "18. In view of the facts and circumstances of the present case, we dispose of this OA with the fol

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