Calcutta High Court (Appellete Side)
Union Of India & Ors vs Mrs. Jharia Pyne on 26 September, 2016
Author: Nishita Mhatre
Bench: Nishita Mhatre
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26.09.2016
Item No.3
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W.P.C.T 33 of 2016
Union of India & Ors.
Vs.
Mrs. Jharia Pyne
Mr. P.S Basu,
Mr. Dilip Kumr Maity ....... For the petitioners
Mr. Gokul Chandra Chakraborty,
Mr. Kashinath Bhattacharyya
....... For the respondent
The petitioners have challenged the order of the Central Administrative Tribunal passed in O.A 377 of 2012. By the order dated 23rd September, 2015 the Tribunal has directed that the period of service completed by the respondent/employee on ad hoc basis was to be reckoned for the calculation of the 3rd MACP benefit.
This issue as to whether the period of ad hoc service should be reckoned for extending such benefits has been considered by the Division Bench of this court in the case of Sunity Chakraborty vs. Union of India & Ors., reported in (2014)2 Cal LT 93 (HC). The Division Bench concluded that a correct interpretation of Clause 9 of the MACP Scheme would entitle the petitioners to the benefits of the Scheme as they had completed more than 30 years of service in employment from the date they had been appointed as trained staff nurses but on an ad hoc basis. It was further directed that the employees would be entitled to all arrears of pay and allowances and other pensionary benefits consequent to the extension of the benefits of the MACP Scheme.
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We have not been able to ascertain any difference between the facts in the present case and that Sunity Chakraborty's case. Hence, the judgment and order of the Tribunal is confirmed. The judgment of the Tribunal will be complied within eight weeks from today.
The petition is dismissed.
(Nishita Mhatre, J.) (Tapabrata Chakraborty, J.) 3