SMT. MADHU MISRA W/O LATE SH. GIRIDHAR GOPAL MISRA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE

JUDGEMENT

(1.) Granting partial relief to the petitioners, the reasons with the direction given by the Central Administrative Tribunal, Jodhpur Bench (hereinafter referred to as 'Tribunal'), are as under:

(2.) The grievance of the petitioners is that the Tribunal, without distinguishing the decision dated February 24, 2011 passed by a coordinate Bench of the Tribunal sitting at Bangalore, could not have taken a contrary view because judicial discipline demanded so. More so, for the reason the decision of the Bangalore Bench of the Tribunal was upheld by the High Court of Karnataka in Writ Petitions No.37676-680/2011, against which petition seeking special leave to appeal filed before the Supreme Court was dismissed.

(3.) Relevant facts to be noted are that the petitioners were claiming second financial up gradation under the Assured Career Progression Scheme (hereinafter referred to as 'ACP Scheme') on completing 24 years of service with effect from August 9, 1999 or whichever date is later when they completed 24 years service and desired to be upgraded in the scale Rs. 10000-325-15500.