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2025 Supreme(Online)(CAT) 14888

CENTRAL ADMINISTRATIVE TRIBUNAL
Santosh Sharma – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
O.A./4726/2025



CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 4726/2025 This the 11th day of December, 2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

Smt. Santosh Sharma, W/o Sh. Randhir Singh Sharma R/o 25/146 A, Shakti Nagar, Delhi-110007.

….Applicant (By Advocate: Mr. Randhir Singh Sharma)

Versus

1. M.C.D, Through Commissioner Civic Centre, J.L Nehru Marg, New Delhi -110 002.

2. Director, Community Services Department M.C.D, 11th Floor, Civic Centre, J.L Nehru Marg, New Delhi -110 002.

…Respondents (By Advocate: Ms. Filza Moonis)

ORDER (ORAL)

By Hon’ble Dr. Chabbilendra Roul, Member (A):

The present OA has been filed by the applicant seeking the grant of ACP and MACP benefit w.e.f 11.08.2000 and 01.09.2008 respectively and also revise the pension of the applicant accordingly. 2. Learned counsel for the applicant states that the applicant joined in the services of the 23.06.1981 as a Part Time Community Worker and she was regularized by the respondents on 29.09.1995. Learned counsel further states that the applicant had rendered services w.e.f 23.06.1981 to 28.09.1995 and 50% of the applicant’s services is to be counted for the purpose of pensionary/ACP/MACP benefits. Accordingly, the applicant is entitled to get 1st ACP immediately after when the 1999 scheme of granting ACP was introduced by the Govt. of India. Thereafter, taking the appropriate number of years of service rendered by the applicant, the respondents should have granted the 2nd MACP w.e.f 2008. However, the respondents have not granted the same. Accordingly, the pensionary benefits of the applicant have been affected. The applicant has represented to the respondents to correct the anomaly in suffice scales incorporating the ACP & MACP benefits vide representation dated 15.09.2024 i.e. Annexure A-5. The respondents are yet to consider the pending representation of the applicant. Learned counsel for the applicant states that the applicant retired on 30.06.2017 and as per the Apex Court’s decision, the applicant is entitled to get one notional increment w.e.f

01.05.2023.

3. Ms. Filza Moonis, learned counsel, appears on advance service and accepts notice on behalf of the respondents. She seeks further four weeks’ time to file appropriate counter affidavit.

4. At this stage, learned counsel for the applicant states that the applicant would be fairly satisfied if a direction is issued to the respondents to consider and dispose of the pending representation dated 15.09.2024 of the applicant by passing a reasoned and speaking order within a stipulated time period.

5. To this suggestion, learned counsel for the respondents states that she will have no objection if such a direction is issued to the respondents.

6. In view of the above submissions made by counsels for both the parties, the present OA is disposed of at the admission stage with a direction to the respondents to consider the pending representation dated 15.09.2024 submitted by the applicant and pass a reasoned and speaking order in respect of admissibility of ACP/MACP benefits from the dates which the applicant has mentioned in her OA as well as her representation. The respondents are also directed to pass an appropriate order regarding grant of one notional increment w.e.f 01.05.2023. This exercise shall be completed within a period of 8 weeks from the date of receipt of a certified copy of this order. It is needless to say that we have neither gone into the merits of the case nor expressed any opinion in regard to the same.

7. The OA is disposed of. There shall be no order as to costs.

(Dr. Chhabilendra Roul) (Rajveer Singh Verma)

Member (A) Member (J)

/kr/

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