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HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
V.J.XAVIER – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. discussion of prior adverse remarks affecting eligibility for upgradation. (Para 4) |
| 2. analysis of acrs and considerations for financial upgradation. (Para 5) |
| 3. final decision to grant financial upgradation irrespective of adverse entries. (Para 7) |
JUDGMENT AMIT RAWAL , J .
The present O.P.(CAT) is directed against the judgment dated 06.11.2019 of the Central Administrative Tribunal, whereby the following claims in O.A.No.802 of 2017 made by the petitioner – applicant has been rejected:
"i) Call for the records leading to Annexures A8, A9, A12 and A15 and set aside them.
ii) Declare that non-granting of the 3rd financial upgradation benefit under the MACP scheme to the applicant is arbitrary and illegal.
iii) Direct the respondents to grant the 3rd financial upgradation benefit under the MACP scheme to the applicant with effect from 6.6.2010 with all consequential benefits including the difference in arrears of pay with
12% interest.
iv) Award costs of and incidental to this applicant.
v) Grant such other relief, which this Honourable tribunal may deem fit and proper in the circumstances of the case.”
2. The case in brief as set up in the O.A. was that petitioner – applica
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