Central Administrative Tribunal - Hyderabad
V Krishnaveni vs M/O Defence on 16 March, 2020
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH: HYDERABAD O.A. No. 021/00922/2014 _ OA No.021/00922/2014 Hyderabad, this the 16 day of March, 2020 THE HON'BLE MR. JUSTICE L.NARASIMHA REDDY, CHAIRMAN THE HON'BLE MR.B.V.SUDHAKAR, ADMINISTRATIVE MEMBER , V.Krishnaveni, W/o K.B.Sharma, Aged 41 years, Occ : Steno-Grade-]H, O/o MSQAA, Ministry of Defence, C/o DRDL, Kanchanbagh, Hyderabad. R/o Hyderabad.
. K.Koteswar Reddy, S/o. K.Ramaiah Reddy, Aged 40 years, Occ : Steno Grade-Hl, O/o MSQAA, Ministry of Defence, Cfo DRDL, Kanchanbagh, Hyderabad, R/o Hyderabad.
(By Advocate : Mr.G.T.Gopal Rao} Vs.
1. Secretary to the Government of India, . Applicant Ministry of Defence, Dept. Of Defence Production, South Black, New Delhi~ 110 021. . The Director General, Aeronautical Quality Assurance, (DGAQA}, Ministry of Defence, H- Block, New Delhi- 110011.
3. The Principal Director, MSQAA, Ministry of Defence, C/o DROL, Kanchanbagh, Hyderabad-500 0538. (By Advocate : Mrs.L.Pranathi Reddy, Addl.CGSC) .. Respondents {As per Hon'ble Mr. Justice L Narasimha Reddy, Chairman} sata The applicants joined the service of the Ministry of Defence in os os . ee AS yee post of Stenographer Gr-ltl in the year 1997 and 1998 respectively. On \ é : . is ===" completion of 10 years of service in that post, they were extended the benefit of the first MACP in the form of Grade Pay of Rs.2,800/-.
2. The contention of the applicants is that they are entitled to be extended the benefit of MACP in the form of pay attached to the next higher post, for which the Grade Pay is Rs.4,200/-. This QA is filed with a prayer to extend the first MACP in the form of Grade Pay of Rs.4,200/- w.ef. 01.09.2008 in terms of the order dated 26.11.2012 passed by the Principal Bench of this Tribunal in OA,904/2012 dated 26.11.2012.
3. We heard Mr.G.T.Gopal Rao, learned counsel for the applicants and Mrs.L.Pranathi Reddy, learned standing counsel far the respondents at length,
4. The benefit of ACP used to be in terms of the pay scale attached to the next higher post. However, under the MACP the benefit is next higher stage in the pay structure. The question is as to whether the MACP must be in the form of the pay attached to the next higher promotional past was dealt with by several Benches of this Tribunal as well as the Horn'ble High Court. DA No.021/00922/2014 RoR om Ww Sua ve , : , shall be in the form of the SPB, The predominant view was t
5. pay attached to the next higher post in the hierarchy. Ultimately in the matters filed before the Han'blel Supreme Court in the form of Civil Appeal Nos.2016/2020 and batch (Union of India and others Vs. the M.V.Mohanan Nair) through the judgement dated 05.03.2020, i : eet ) Eon ble Supreme Court has set aside the judgements of the High Courts AC mad at which have taken the view that the upgradation under MACP shall be in the form of the pay scale of the next higher post was held that the matters are policy and financial implications, courts must be slow to interfere. Following the same, we reject the contention of the applicants However, if there is any anomaly in the context of extending the benefit of MACP il other than the one in the form of the next stage in the pay structure, if shall be open to the applicants to make a representation O.A. is dismissed accordingly. There shall be ne order as to casts.
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