IMPORTANT POINT
The delay in meeting promotion benchmarks and adverse gradings in ACRs justified the grant of 2nd ACP w.e.f. September 1, 2010 and the denial of the 3rd MACP.

JUDGMENT

V. Kameswar Rao, J.

CM APPL. 6446/2024 (for delay)

This is an application filed by the respondent/applicant seeking condonation of delay in filing the rejoinder.

For the reasons stated in the application, the same is allowed and the rejoinder is taken on record. Application is disposed of.

REVIEW PET. 133/2023

1. This review petition has been filed by the respondent seeking review of the order dated February 16, 2023, whereby this Court had allowed the writ petition filed by the petitioner by holding in paragraphs 9 and 10 as under:

"9. So it follows that the petitioner shall not be entitled to recover the benefits granted to the respondent on the basis of grant of 2nd ACP on September 1, 2005, but henceforth, the petitioner shall be within its right to re-fix and grant the 2nd ACP to the respondent w.e.f September 1, 2010 and re- fix the pay accordingly. The said re-fixation shall have a bearing on the pension being received by the respondent. Henceforth the pension shall be paid to the respondent on the basis of refixation of pay of 2nd ACP w.e.f September 1, 2010. The respondent shall not be entitled to the benefit of the 3rd ACP as the same could not have granted to the respondent in 2020, as by the time the respondent had retired.

10. During the course of hearing, Mr. Chaturvedi has stated that recovery of the amount has been made by the petitioner from the Gratuity by claiming interest on the said amount. If that be so, respondent shall be entitled to release of the amount deducted which is Rs.5,88,980/- with interest @ 4% per annum on the said amount from the date its deduction till repayment."

2. While issuing notice on September 20, 2023, a detailed order was passed by this Court in the following manner:

"REVIEW PET. 133/2023

1. This review petition has been filed by the respondent/review petitioner seeking review of order dated February 16, 2023 passed by this Court, wherein in paragraphs 9 & 10, it has been held as under:

"9. So it follows that the petitioner shall not be entitled to recover the benefits granted to the respondent on the basis of grant of 2nd ACP on September 1, 2005, but henceforth, the petitioner shall be within its right to re-fix and grant the 2nd ACP to the respondent w.e.f September 1, 2010 and re-fix the pay accordingly. The said re-fixation shall have a bearing on the pension being received by the respondent. Henceforth the pension shall be paid to the respondent on the basis of re- fixation of pay of 2nd ACP w.e.f September 1, 2010. The respondent shall not be entitled to the benefit of the 3rd ACP as the same could not have granted to the respondent in 2020, as by the time the respondent had retired.

10. During the course of hearing, Mr. Chaturvedi has stated that recovery of the amount has been made by the petitioner from the Gratuity by claiming interest on the said amount. If that be so, respondent shall be entitled to release of the amount deducted which is Rs.5,88,980/- with interest @ 4% per annum on the said amount from the date its deduction till repayment."

2. The submission of Mr. G.S. Chaturvedi, learned counsel appearing for respondent is primarily that a material error has crept in the order dated February 16, 2023, passed by this Court, wherein it has been held that 1st and 2nd ACPs could not have been granted to the respondent on a single day, i.e., on September 1, 2005.

3. It is also the submission of Mr. Chaturvedi that when this Court had disposed of the W.P.(C) 614/2023, against the respondent, the respondent could not bring the following facts before this Court for the reason that he had undergone his Cataract operation on February 4, 2023 and as such, he was not in a position to brief his counsel:

A. The ACP Scheme was extended to DTC organization w.e.f. August 12, 2002. As per the ACP Scheme, the 1st ACP is granted to an employee, upon completion of 12 years of one's service. The respondent joined DTC on September 1, 1980, therefore, he became entitled to 1st ACP immediately