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CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, Judicial Member
K.P. Muralidharan – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. career progression and pay fixations under macp/nfsg. (Para 2 , 3 , 4 , 19 , 20) |
| 2. applicant's challenge to recovery citing tribunal precedents. (Para 5 , 6 , 7 , 8) |
| 3. respondents defend recovery per board clarifications. (Para 9 , 10 , 11 , 12) |
| 4. nfsg not counted as macp upgradation; recovery barred. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. quash recovery order and refund gratuity amount. (Para 21 , 22 , 23) |
ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)
Challenging the impugned order, dated 09.05.2019, of recovery for an amount of Rs.5.41 lakhs, consequent to refixation of his pay in terms of the clarification issued by the Ministry of Finance that NFSG granted w.e.f. 01.01.2016 will be counted as one financial upgradation for MACP Scheme , the applicant has filed the OA.
2. The facts leading to the filing of the OA, are as follows:
The applicant currently serves as Assistant Commissioner of Customs in the office of the 3rd respondent. He began his career with the Central Excise Department in 1982 as an Inspector (ordinary grade) after passing the Staff Selection Commission Examination in 1980. Initially posted at the Central Excise Collectorate in I
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