UNION OF INDIA Vs. GIRBAR SINGH

JUDGEMENT

(1.) Petitioner Union of India impugns order dtd. 12/5/2015 whereby the original application filed by the respondent has been allowed and petitioner has been directed to consider the claim of the respondents for financial upgradation in terms of the MACP Scheme, 2009 disregarding condition 10 of the MACP Scheme.

(2.) Respondents had filed the subject Original Application before the Principal Bench of the Central Administrative Tribunal seeking benefit of the service rendered in the parent cadre (State Government) while considering the eligibility and suitability for financial upgradation in terms of MACP Scheme issued vide O.M No. 35034/3/2008-Estt. (D) dtd. 19/5/2009.

(3.) The only ground on which the petitioners denied benefit of financial upgradation to the respondents with reference to their service rendered in the parent organization, was in terms of clause 10 of condition 4 of the MACP scheme which provided that past services rendered by a permanent employee in State Government/Statutory Body/Autonomous body/Public sector organization before appointment in the Government shall not be counted as regular service for the purposes of the scheme.