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SANDEEP MEHTA, FARJAND ALI
Union of India, through the Secretary, Ministry of Defence, New Delhi – Appellant
Versus
Bhartendu Gaur S/o Shri Dev Saran – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. These three writ petitions involve common questions of facts and law and hence, the same have been heard and are being decided together by this single judgment.
2. The Union of India, Ministry of Defence, has approached this Court through these writ petitions filed under Article 227 of the Constitution of India for questioning legality of order dated 10.01.2020, D.B. Civil Writ Petition No. 3840/2021 (Union of India and Others vs. Bhartendu Gaur), order dated 20.12.2019, D.B. Civil Writ Petition No. 3857/2021 (Union of India and Others vs. LRs. of Sampat Lal Chhimpa) and order dated 10.01.2020, D.B. Civil Writ Petition No. 3847/2021 (Union of India and Others vs. Bharat Kumar and Others), passed by the Central Administrative Tribunal, Bench Jodhpur, accepting the original applications filed by the respondents.
3. Brief facts relevant and essential for disposal of the writ petitions are noted herein-below:
Details of appointment and promotion of the respondents under the respondent-The Commander Works Engineer (Air Force), Bikaner, are mentioned herein
The main legal point established in the judgment is the entitlement of employees to the benefit of financial upgradation under the MACP Scheme, based on the scheme guidelines and the lack of further ....
MACP financial upgradation follows promotional hierarchy; same Grade Pay promotions count against higher pay claims beyond hierarchy.
Placement as a Master Craftsman following cadre restructuring constitutes a financial upgradation that must be reckoned against the MACPS entitlement, as the scheme is intended to address only cases ....
Pre-2006 placements/promotions in merged grades (same GP post-6th CPC) ignored for MACP reckoning; 3rd upgradation to GP 4600 after 10 years stagnation in GP 4200 without promotion.
Highly Skilled Tradesmen with pre-2006 ACP in Chargeman scale entitled to 3rd MACP Grade Pay Rs.4800/-; downgrade without notice quashed; recoveries refunded with interest; MACP follows Grade Pay hie....
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
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