ORDER

dated 09.02.2019 directing the respondents to grant MACP Benefits from 09.09.2010instead of 01.03.2015 and respondent be further directedto pay the arrears of MACP from 09.09.2010 to01.03.2015. (b) Allow the OA with all consequential benefits.

2. The applicant’s initial appointment as aPhysiotherapist was on 31.08.2000, however, on temporary basis against a temporary post. However, it was in the regular scale of pay attached to the post. The applicantassumed his duties on 09.09.2000 and has been continuing as such uninterruptedly. During this period, his services were also confirmed on regular basis with effect from01.03.2005. The applicant bases his claim for determinationof qualifying service in the present O.A., and as argued byhis counsel Mr. S.M. Arif, upon the instructions issued by the DoP&T governing the subject.

3.During the course of the arguments, Mr. S.M. Arif, learned counsel has brought to our notice an order dated14.03.2023 passed in O.A. No. 3495/2015. A copy of thisorder is annexed to the rejoinder affidavit dated 20.11.2023. He has argued that the subject and issue in the aforesaidO.A. is identical to the present one and therefore, this O.A. should also be disposed of on the same analogy.

4. On the other hand, relying upon the averments made in the counter reply, Mr. Hilal Haider, learned counsel for the respondents, has argued that for determining the qualifying service for the purpose of financial upgradation under the MACP, the benefit of only regular service can be extended in favour of the employee and certainly not of the period spent on adhoc/casual/temporary service. He argues that there is no ambiguity as far as the rule position and the