Smt. Mukti Singha vs Union Of India & Others on 11 July, 2017

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Calcutta High Court (Appellete Side)

Smt. Mukti Singha vs Union Of India & Others on 11 July, 2017

Bench: Nishita Mhatre

                                                         1

       06    11.07.2017
      rpan     Ct. No.01
                            W.P.C.T. No. 123 of 2017
                            Smt. Mukti Singha
                                      Vs.
                               Union of India & Others


                 Mr. Sandip Kumar De,
                 Mr. Amit Chaudhury
                            ... for the Petitioner.


                Mr. Swapan Kumar Banerjee
                               ... for the Union of India


      The present writ petition has been preferred challenging an order dated 27th

February, 2017 passed by the Central Administrative Tribunal, Calcutta Bench in OA-

1286 of 2013. By the said order the learned Tribunal decided an issue as to whether the

benefits of Modified Assured Career Progression (MACP) can be extended beyond the

hierarchy of the posts of the cadre.

      Mr. De, learned advocate appearing for the petitioner submits that the said issue

has already been decided by a judgment delivered on 14th June, 2017 by this Court in

WPCT 98 of 2015 and other connected matters.                 The petitioner herein is similarly

situated with the applicants in the said matters and is accordingly entitled to the similar

benefits as granted by this Court in the said matters.

      We have heard Mr. De, learned advocate for the petitioner and Mr. Banerjee,

learned advocate for the respondents.

In the original application being OA-1286 of 2013 the petitioner along with others challenged orders dated 23rd August, 2013 and 12th September, 2013 by which it was observed that the applicants in the said original application are only entitled for MACP on Grade Pay of `5,400/- instead of Grade Pay of `6,600/- and directions were issued 2 towards recovery of over payment by installments. The learned Tribunal by the order impugned in the present writ petition dismissed the original application.

In our judgment dated 14th June, 2017 we have decided the same issue as involved in the original application being OA-1286 of 2013 and have held that the benefits of MACP can be extended beyond the hierarchy of the posts of the cadre and can be of a quantum more than the Grade Pay of the promotional post and have observed that the petitioners therein are entitled to the grant of third financial upgradation in the Grade Pay of `6,600/- and the respondents therein were directed to refund the amount as withdrawn from the salary of the petitioners therein within a period of four weeks.

Accordingly, the impugned order dated 27th February, 2017 passed in the original application, being OA-1286 of 2013, is set aside so far as the petitioner is concerned and the respondents are directed to grant the benefits to the petitioner as granted by our judgment dated 14th June, 2017 delivered in WPCT 98 of 2015 and other connected matters.

It is expected that the respondents would also extend the same benefits to the other applicants in OA-1286 of 2013 though they have not approached this Court by filing separate writ petitions since the doctrine of equality applies to all who are equally placed.

With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. 3 (Nishita Mhatre, A.C.J.) (Tapabrata Chakraborty, J.)

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Calcutta High Court (Appellete Side)