UNION OF INDIA Vs. S. BALAKRISHNAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22 July 2013 in Original Application No.280 of 2012, whereby and whereunder, the Madras Bench of the Central Administrative Tribunal ("Tribunal" in short) was pleased to quash the orders dated 05 September 2011 and 27 December 2011 on the file of the Director, Directorate of Enforcement and the Joint Director, Directorate of Enforcement, New Delhi, respectively and issued a consequential direction to restore the earlier orders dated 17 November 2009 and 21 January 2010 granting third financial upgradation under the Modified Assured Career Progression Scheme ( MACPS'' in short) with Grade pay of Rs.6600/ - in Pay Band -3 (PB -3 in short) and to re -fix the pension amount appropriately. Background Facts:

(2.) THE respondent Nos.1 to 3 herein, joined the Directorate of Enforcement as Assistant Enforcement Officers. The first respondent was granted second financial upgradation under Assured Career Progression Scheme ("ACPS" in short) with effect from 29 November 2000 on completion of 24 years of service. He was granted third financial upgradation in the scale of pay under PB -3 with effect from 01 September 2008. The second respondent was given second financial upgradation under ACPS after completion of 24 years of service. He was granted third financial upgradation under MACPS in the grade pay of Rs.6600/ - under PB -3 vide order dated 17 November 2009. Similarly, the third respondent was also granted second financial upgradation under ACPS after completion of 24 years of service. Later, he was granted third financial upgradation under MACPS under the Grade pay of Rs.6600/ - by order dated 17 November 2009.

(3.) THE Directorate of Enforcement, by order dated 27 December 2011, cancelled the orders granting third financial upgradation under MACPS. The respondent Nos.1 to 3 challenged the orders dated 05 September 2011 and 27 December 2011, before the Tribunal in O.A.No.280 of 2012.