ORDER

By Hon’ble Mr. Mohan Pyare, Member (A) Present Original Application has been filed by the applicants seeking the following reliefs:

“8.1 issue a writ, order or direction in the nature of CERTIORARI quashing the M.A.C.P. dated 19.05.2009 tothe extent it fixed the cut of date of operation of A.C.P. scheme dated 09.08.1999 as 01.09.2008 so far it concernedwith the applicants in present O.A. (Annexure A-1 to theO.A.) and the order dated 08.04.2010 passed by therespondent no.5 (not served till date). 8.2 issue a writ, order or direction in the nature of MANDAMUS directing the respondents not to reduce the pay of the applicants they were drawing and not to make any recovery from their pay. 8.3 issue a writ, order or direction in the nature of MANDAMUS directing the respondents to refund the amount already recovered alongwith penal interest @ 18%. 8.4 issue any other writ, order or direction which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case. 8.5 The cost of the application may also be awarded in favour of the applicants.” 2. Brief facts of this case are that the applicants were granted 2ndFinancial Upgradation in the A.C.P. Scheme in the pay scale of 5000-8000/- with grade pay of 4200/- after completion of 24 years of regular services in the month of September/October/ November, 2008 but the same benefit has been withdrawn by theimpugned order dated 08.04.2010. All the applicants except applicant No.1 were posted as Tailor (Highly Skilled) at the timeof filing this O.A. Applicant No.1 was working as Master CraftsMan under respondent No.5 at the time of filing this O.A. The applicant nos. 1, 2, 4 and 6 were allowed the 2nd FinancialUpgradation by order dated 05.11.2008 issued by the respondentNo.5 and applicant no. 12 and 13 by order dated 01.12.2008 and similarly other applicants were also allowed the same benefit oncompletion of 24 years of satisfactory service. Respondent No.5issued Factory Order Part-II No. 1306 dated 03.04.2010 and 1404dated 08.04.2009 fixing the pay of applicant Nos. 1,2,3,4,6 and several other and similarly the fixation of pay was done in respect of other applicants allowing them grade pay 4200/- and placing them in the pay scale of 5000-8000/-. When the applicants got the pay of month of October, 2010, Rs.10,000/- was recovered as excess paid and grade pay of the applicants were reduced from 4200/- to 2800/- The recovery has been done from applicant no. 1 to 7 from the month of October, 2010 and against the other applicants it was proposed but no written order had been served.

When the applicants enquired about the matter they were told by the authority concerned orally that the Factory Order No. 1306dated 08.04.2010 has been published for giving the grade of2800/- in place of 4200/-. Applicant Nos. 1 and 4 to 13 represented to respondent No.5 against the deduction in the month of November, 2010 itself. The applicants have also filed several appeals which are lying pending before the respondents.

3. The Ministry of Personnel, Public Grievances and Pension (Department of Pension and Training) issued an officememorandum on 19.05.2009 introducing M.A.C.P. scheme for providing three Financial Upgradation at the length of services of10, 20 and 30 years w.e.f. 01.09.2008. 4. We have heard learned counsels appearing for the parties.

5. Submission of learned counsel for the applicant is that the benefit of the 2nd ACP given to the applicants has been withdrawn videthe impugned order dated 08.04.2010 without calling for any explanation from them. He states that the DoPT OM dated19.05.2009 introducing MACP Scheme w.e.f. 01.09.2008 also states that past cases cannot be reopened and thus, once the benefit of 2nd ACP was allowed to the applicants in the month of September, October, November, 2008 and the applicants were allowed to draw the pay in the pay scale of 5000-8000 till September, October, November, 2010, the same cannot be reduced/ r