UNION OF INDIA Vs. ARUN PRAKASH SRIVASTAVA

JUDGEMENT

(1.) Heard Sri S.B. Pandey, learned Senior Advocate and Deputy Solicitor General of India assisted by Sri Ashwani Kumar Singh, learned counsel for the petitioners in all the petitions and Ms. Savita Jain, learned counsel for the private respondents.

(2.) By means of this bunch of writ petitions, similar orders of the same nature passed in separate Original Applications involving similar facts and case, have been challenged. Writ-A No. 6056 of 2024 has been taken up as the leading writ petition with the consent of the parties.

(3.) The case of the petitioners herein is that all the respondents in this petitions had been granted three promotions/financial upgradation, therefore, in view of three promotions already having been granted to them, they were not entitled to any financial upgradation under the 'Assured Career Progression Scheme (ACPS)' which came into force w.e.f. 1/9/2008 as modified. Nevertheless, they were wrongly granted the benefit of 'Modified Assured Career Progression Scheme (MACPS) (3rd financial upgradation)' w.e.f. 1/9/2008 in the form of Grade Pay Rs.4,800.00. They were erroneously given the benefit of 3rd financial upgradation w.e.f. 1/9/2008 vide orders dtd. 26/7/2010, 18/2/2010, 12/8/2010, 19/4/2010, 15/2/2012, 25/10/2013 and their names figure in the list appended therein. One such order dtd. 26/7/2010 is annexed at pages 26 to 28 of the supplementary affidavit filed by the petitioner in Writ-A No. 6056 of 2024, the leading petition.