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2024 Supreme(Online)(CAT) 17676

CENTRAL ADMINISTRATIVE TRIBUNAL
SUNIL THOMAS, J, V.RAMA MATHEW, AM
Muraleedharan Pillai – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Radhakrishnan
For the Respondents: Mr.V.A.Shaji, ACGSC

Table of Content
1. financial upgradation entitlement based on prior service. (Para 1 , 2 , 3)
2. conditions of service impact recovery of entitlements. (Para 4 , 5)
3. dispute over recovery amounts raised by the applicant. (Para 6 , 7)
4. legal grounds for challenging pay fixation by aao. (Para 8 , 9)
5. receipt of benefits outlined under service transfer guidelines. (Para 10 , 11)
6. final ruling in favor of the applicant regarding pay issues. (Para 12)

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Heard learned counsel both sides.

The factual facts are as under – The applicant joined the service as a Group D employee in the Ordnance Depot, Shakurbasti, Delhi on 06.05.1983. On 13.05.1985 he participated in the direct recruitment for the post of LDC and he was selected and appointed as LDC in Ordnance Depot. In August, 1994 the applicant was transferred to Ordnance Depot, Avadi on usual terms and conditions. On implementation of the recommendations of the 5th CPC the Government of India introduced the ACP Scheme with effect from 09.08.1999. The applicant was granted the 1st financial upgradation under the ACP Scheme in the scale of pay of Rs.4000-6000 with effect form 09.08.1999 by

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