UNION OF INDIA Vs. BHIMARAYA V.KATTIMANI

JUDGEMENT

(1.) These two writ petitions are disposed of by common order as the facts are similar and question of law involved is same. The writ petitions are filed challenging the order dtd. 11/2/2020 passed by Central Administrative Tribunal, Bengaluru in Original Application nos.170/00757/2019 & 170/00758/ 2019.

(2.) The respondent in W.P.No.226627/2020 namely T. Sanjeevayya was appointed as postman on 11/8/1991. On 13/4/1996, he was promoted to the post of Postal Assistant. On 1/9/2008, he was given second financial upgradation i.e., MACP-II. On 2/8/2017, he made a representation to the Senior Superintendent of Post Offices, Kalaburagi Division stating that he was entitled to get MACP-III with effect from 13/4/2016. Vide letter dtd. 2/8/2017, the Senior Superintendent of Post Offices informed him that he had already earned two financial upgradations and in order to claim MACP-III, he was required to complete 30 years of service from the date of appointment or 10 years from the last MACP and therefore he was not entitled to claim MACP-III with effect from 13/4/2016. Thereafter, he approached the Central Administrative Tribunal by filing Application No.170/00758/2019. The Tribunal by its order dtd. 11/2/2020 allowed his application holding that he was entitled to claim MACP-III.

(3.) The respondent in W.P.No.226631/2020 namely Bhimaraya V. Kattimani was appointed as postman on 1/12/1991. He was promoted as Postal Assistant on 20/4/1997 and MACP-II was granted to him on 1/9/2008. He too made an application claiming MACP-III with effect from 20/4/2017. His application was rejected giving the same reason as stated above and therefore he too approached the Central Administrative Tribunal by filing Original Application No.170/00757/2019. His application was also allowed on 11/2/2020.