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2015 Supreme(J&K) 563

N.PAUL VASANTHAKUMAR, HASNAIN MASSODI
Union of India – Appellant
Versus
Fayaz Ahmad Mir – Respondent


Advocates Appeared:
For the Appellants : S.A. Makroo

ORDER :

N. Paul Vasantha Kumar, J.

1. This writ petition is filed by Union of India and its officers challenging the order made in OA No. 1338/JK/2013 dated 01.08.2014 passed by the Central Administrative Tribunal (Chandigarh Bench) in allowing Original Application filed by the respondents.

2. The respondents herein filed the said Original Application challenging the Circular bearing No. 41002/ACP/NC/E1 DPC (PP & Sub) dated 03.07.2013 which modified/changed the date of grant of 2nd financial up-gradation under ACP scheme, contending that said Circular is against the policy dated 19.05.2009 issued by Government of India, Ministry of Personnel Public Grievances and Pensioners, which declares that no past case will be reopened regarding up-gradation under ACPS and MACPS and it will not be considered as anomaly and no benefit can be withdrawn which has been granted for no misrepresentation.

3. The contention of the respondents before the Central Administrative Tribunal was that they were appointed as Switch Board Attendants on 11.07.1979 and the posts of the respondents were re-designated as Lower Division Clerks (LCD) on 23.05.1984 and on completion of 12 years the 1st Assured Career Prog







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