UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The 2nd respondent was working as a Carpenter in the petitioner-department. He joined on 03.04.1986. Throughout his service career, the 2nd respondent did not get any promotion. He was, however, granted first, second and third MACP under the Assured Career Promotion Scheme as modified w.e.f. 01.09.2008 known as MACP. The third MACP was granted to 2nd respondent on completion of 28 years service, i.e., w.e.f. 03.04.2014. The said order was recalled by the petitioners on 29.09.2015 and refixed the date of granting 3rd MACP from 03.04.2014 to 03.04.2016. The 2nd respondent challenged the order of re-fixation of 3rd MACP before the Central Administrative Tribunal, Chandigarh Bench and vide the impugned order dated 28.09.2017, his claim has been accepted.

(2.) The Tribunal has, for the purpose of determining the controversy, held as follows:-

(3.) It may thus be seen that the case of 2nd respondent has been found to be covered under Illustration No.28 as he was granted 1st MACP on completion of 8 years' service and 2nd and 3rd MACP were granted on completion of 10 years services thereafter, respectively. All the MACP were thus admissible and granted to 2nd respondent within the service span of 8+10+10 years. The view taken by the Tribunal thus appears to be legally correct. On a query, learned counsel for the petitioners fairly states that the matter involves very minor financial implication.