N.M. RAUT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution, is directed against order dated 11.10.2018 passed by Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original Application No.200/00367/2017 whereby, challenge to order dated 14.12.2015 passed by Joint General Manager, Ordnance Factory Khamaria, withdrawing the benefit of 3rd upgradation in the Grade Pay of Rs.5400/- under the Modified Assured Career Progression Scheme (MACPS), has been negatived.

(2.) The issue which arises for consideration in this petition is as to "whether the non-functional upgradation can be treated as promotion or financial upgradation for the purpose of MACPS".

(3.) In a decision rendered separately in Misc. Petition No.6500/2019 (Union Of India and others versus B.R.K. Lyer) and connected petitions, the issue has been answered in favour of the employees, wherein it is held :