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2023 Supreme(Del) 5318

SATISH CHANDRA SHARMA, TUSHAR RAO GEDELA
Prabhakar Rao Thanikonda – Appellant
Versus
Export Inspection Council – Respondent


Advocates appeared:
Mr. Parveen Kumar, Advocate, for the Appellants.
Mr. L.R. Khatana, Advocate, for the Respondent-1 to 4.
Mr. Neeraj, SPC with Mr. Vedansh and Mr. Sahaj Garg, Advocates, for the UOI.

JUDGMENT

Tushar Rao Gedela, J. - This is an appeal under Clause X of Letters Patent Act, 1866 assailing the impugned order dated 05.04.2023 passed by the learned Single Judge in W.P.(C) No.13777/2021 whereby the prayer seeking grant of ACP/MACP at higher Grade Pay from earlier date on the ground that the posts of Junior Scientific Assistant (hereinafter referred to as `JSA') and Technical Officer (hereinafter referred to as `TO') were merged, was rejected.

2. The prayers as sought by the appellants in their writ petitions before the learned Single Judge are as under:

    "a) quash the impugned decision dt. 25.05.2021 [ANNEXURE P-1];

    b) grant ACP in GRADE PAY 5400 PB-3, CORRESPONDING PAY BAND 15600-39100 w.e.f. 01.01.2006 to all Petitioners;

    c) grant 2nd MACP w.e.f. 01.09.2008 in GRADE PAY 6600 IN PB-3, CORRESPONDING PAY BAND 15600-39100, on 01.09.2008, applicability date of MACP, to Petitioner no. 2 and 3 on account of serving more than required 20 years in direct entry grade of 4200;

    d) grant 2nd MACP w.e.f. 12.12.2008 in GRADE PAY 6600 IN PB-3, CORRESPONDING PAY BAND 15600-39100 to Petitioner no. 1 on account completing 20 years on 12.12.2018 in direct entry grade of 4200;

    e) grant 2nd MACP

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