M.L.CHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Ext.P5 verdict passed by the CAT in O.A.No.24 of 2016, declining interference and dismissing the O.A. with regard to the granting of 3rd MACP upon the alleged completion of 30 years of regular service is under challenge in this Original Petition.

(2.) Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

(3.) The factual matrix for effective adjudication of this case as revealed from pleadings and proceedings is that the petitioner joined the service of the 3rd respondent on a 'casual basis' admittedly, with effect from 21.2.1977. The engagement was on 'work charge basis' and thereafter, he came to be regularised in service. After attaining the age of superannuation, he retired from the service on 30.4.2012. While he was in service, Annexure A2 OM was issued on 8.8.1985, whereby the period of service rendered by the petitioner from 21.2.1977 to 28.8.1984 would be reckoned for the purpose of granting pensionary benefits. The contention of the petitioner is that, by virtue of the terms of MACP Scheme, a copy of which has been produced as Annexure A6, the said period is also liable to be reckoned for the purpose of granting benefit under the MACP Scheme. In view of the fact that, the petitioner was having more than 35 years as reflected from PPO, the denial of the benefit of the 3rd MACP to the petitioner was stated as not correct and sustainable and hence, the same was subjected to challenge by filing the OA. before the Tribunal.