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2013 Supreme(Megh) 43

T.NANDAKUMAR SINGH
HAV/CIPH Abdul Bari (S/356033w) – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Khan
For the Respondent: S.C. Shyam CGC

JUDGMENT :

T. Nandakumar Singh, J.

1. Heard Mr. N Khan, learned counsel appearing for the petitioner and Mr. SC Shyam, learned CGC appearing for the respondents No. 1-6. The petitioner has been serving as Havildar/Cipher from 20.11.1991. In this writ petition, he prays for a direction to the respondents to grant him the 2nd financial up-gradation by counting his continuous service as Havildar/Cipher from 20.11.1991 under the Modified Assured Career Progression Scheme (for short "MACPS") dated 18.09.2009 and also for a direction to the respondents to grant the first ACP to the petitioner w.e.f. 20.11.2003 and also for quashing the impugned order dated 07.10.2009 for granting the First financial benefits w.e.f. 03.11.2007 and also the impugned letter dated 12.07.2012 that the musteration is a method of appointment in RRs and it would be counted as up-gradation for the purpose of MACPS and the 1st ACP granted to the petitioner w.e.f. 03.11.2007 will be treated as 2nd financial up-gradation and as for granting of 3rd financial up-gradation to the petitioner, it will be considered and granted on completion of 30 years qualifying service and other conditions as required.

2. Factual backgrou

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