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2024 Supreme(Ker) 477

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Union Of India, Represented By The Secretary To The Government Of India, Ministry Of Agriculture And Farmers Welfare, Department Of Animal Husbandry, Dairiying And Fisheries, Krishi Bhavan, New Delhi – Appellant
Versus
P. J. Antony – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. T.V.Vinu, CGC, Shafik M.A.
For the Respondent: Smt. S.Lakshmy, Sri.Shafik M.A., Manu S., DSG Of India, Shri.T.V.Vinu, CGC

JUDGMENT :

Shoba Annamma Eapen, J.

The applicant and the respondents before the Central Administrative Tribunal, Ernakulam Bench, have come up before this Court by filing separate original petitions, challenging the order dated 08.08.2016 in OA No.1106 of 2013 of the tribunal.

2. OP(CAT) No.185 of 2017 is filed by the Union of India and the Central Institute of Fisheries, Nautical and Engineering Training (CIFNET), who were the respondents before the tribunal; and OP(CAT) No.157 of 2018 is filed by the applicant. For brevity, the parties are referred to as they are arrayed in the original application.

3. The original application was filed by the applicant with the following prayers;

    “(i) To declare that the applicant is entitled for 2nd and 3rd financial upgradations under MACP Scheme w.e.f. 1.9.2008.

(ii) To direct the respo ndents to grant 2nd an d 3rd financial upgradations under MACP Scheme w.e.f. 1.9.2008.

(iii) To direct the respondents to grant the financial benefits arising from the 2nd and 3rd financial upgradations including arrears of pay and allowances, retirement benefits, leave encashment and all other consequential monetary benefits within a stipulated time.”

4. The applica

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