CENTRAL ADMINISTRATIVE TRIBUNAL
Sant Lal – Appellant
Versus
M/o Railways – Respondent
ORDER
Per : Hon’ble Mr Justice Rameshwar Vyas Being aggrieved by impugned order dated 04.07.2014 (Annex. A/3) and order dated 05.08.2014 (Annex. A/4), whereby, 3rd financial upgradation under Modified Assured Career Progression Scheme (MACPS) granted to the applicants were withdrawn and excess payment sought to be recovered, the applicants have filed this joint application.
2. The question for consideration before us is whether 3rd financial upgradation would be available to the applicants on completion of 20 years regular service from the date of their 1 st promotion or not?
3. As per learned counsel for the respondents, for grant of 3 rd financial upgradation under MACPS the period 30 years’ of regular service would be counted from the date of entry grade or 10 years w.e.f. 01.09.2008, i.e. the date of effect of the MACPS, whichever is earlier.
4. On the other hand, learned counsel for the applicants on the strength of judgment of Hon’ble Delhi High Court in the matter of Union of India & Ors vs. Manju Vashistha & Ors, W.P. (C) No. 11826/2016 decided on 03.02.2017, submitted that the applicants have already spent 20 years’ of service in their first promoti
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