IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.30360/2018 (S-CAT) BETWEEN:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE CENTRAL SECRETARIAT, NEW DELHI-110001.
2. THE ADDITIONAL DIRECTOR GENERAL MEDIA AND COMMUNICATION DIRECTORATE OF PUBLIC RELATIONS MINISTRY OF DEFENCE SOUTH BLOCK, NEW DELHI-110011.
3. THE PUBLIC RELATION OFFICER MINISTRY OF DEFENCE T/1, CUBBON ROAD BENGALURU-560 001.
4. THE SENIOR ACCOUNTS OFFICER (PAY) O/O PRINCIPAL CONTROLLER OF THE DEFENCE ACCOUNTS NO.107, LOWER AGRAM ROAD AGRAM POST,BENGALURU-560 007.
... PETITIONERS (BY SRI.JAYAKARA SHETTY H., CGSC.) AND SRI A. MADHUSOODANAN S/O LATE. C.G.V. NAIR UPPER DIVISION CLERK AGED ABOUT 57 YEARS O/O PUBLIC RELATION OFFICE MINISTRY OF DEFENCE T/1, CUBBON ROAD, BENGALURU-560 001. R/HOUSE NO.158, 2ND MAIN 2ND CROSS, PADMESHWARI NAGAR NEAR GARDEN CITY COLLEGE VIRGO NAGAR POST, BENGALURU-560 049.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE HON’BLE CAT BANGALORE WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER DATED:13.03.2018 ANNEXURE-A MADE IN O.A.NO.170/00958/2016 AND QUASH THE ORDER DTD:13.3.2018 ANNEXURE-A MADE IN O.A.NO.170/00958/2016 PASSED BY THE HON'BLE CAT, BANGALORE AND DISMISS THE O.A.NO.100/00958/2016 FILED BY THE RESPONDENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER The legality and correctness of order dated 13.3.2018 passed in O.A.No.170/00958/2016 by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (hereinafter referred to as the “Tribunal” for the sake of brevity) is assailed by the Union of India and others in this writ petition.
2. We have heard the learned Central Government Standing Counsel for the petitioners and perused the materials on record.
3. Respondent herein had approached the Tribunal seeking benefits under Modified Assured Career Progression (MACP) Scheme with regard to financial upgradation in the said scheme. The Tribunal by following the order passed by this Court in W.P.Nos.9235-9269/2017 as well as in W.P.No.61185/2016 disposed of on 2.3.2017 has granted relief to the respondent by holding that the case of the respondent herein was in pari materia with other similarly placed persons. Hence, the application filed by the respondent herein was allowed with a direction to grant benefits within two months from the date of the order.
4. Learned counsel for the petitioners submits that the Tribunal as well as this Court did not consider Clause No.9 of the Modified Assured Career Progression Scheme (MACPS) wherein it has been stated that ‘Regular Service’ for the purpose of the MACP Scheme shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re- employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into consideration under the Scheme and therefore, the respondent herein who was regularised in the year 1985 cannot reckon his services prior to the said order for the purpose of seeking benefits under the scheme.
5. It is noted that the petitioners have accepted the order passed by this Court in W.P.Nos.9235-9269/2017 as well as W.P.No.61185/2016 dated 2.3.2017 and hence the Tribunal has relied on the said order and granted relief to the respondent herein.
6. We do not find any infirmity in the order of the Tribunal, which has relied upon the order passed by this Court on 2.3.2017. Moreover the petitioners herein have accepted the order passed by this Court on 2.3.2017 and implemented the same to the employees in the said case.
7. In the circumstances, there is no merit in the writ petition and hence, it is dismissed.
8. Now that the time for compliance has passed, two months’ time is granted from the date of receipt of certified copy of this order to comply with the direction issued by the Tribunal.
Sd/- JUDGE DM/-
Sd/- JUDGE