UNION OF INDIA Vs. GOVIND PRASAD GOYAL

JUDGEMENT

(1.) IT is conceded that similar matter has already been decided by this Court in D.B. Civil Writ Petition No. 553/2012(Union of India & Ors. Vs. Madan Lal Saini & Anr.) vide order dated 29.03.2012 and the case has been remitted to the Central Administrative Tribunal, Jaipur Bench, Jaipur. Following order was passed on 29.03.2012: "Heard finally with the consent of learned counsel for the parties.

(2.) PETITIONERS have questioned legality of the order dated 10.08.2011 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal) directing benefit of MACP Scheme to be extended to the applicant with effect from 01.09.2008 instead of 01.04.2009. The Tribunal has observed that other similarly situated persons have been given benefit of MACP with effect from 01.09.2008, as such, the same benefit has been ordered to be given to the applicant also. Aggrieved thereby, the writ petition has been filed.

(3.) THE Applicant has earned ACR grade below the prescribed benchmark for the year 2005-06 & 2006-07. As such benefit of MACPS could not be extended to the applicant. Hence, action of Respondents cannot be termed as arbitrary or against the rules in vogue in this regard. THE MACPS, 2009 dated 19.05.2009 is annexed herewith and marked as Annexure-R/1?"