Gujarat High Court
Jagdishkumar Vyas vs Union Of India & 1....Opponent(S) on 19 June, 2017
Author: Akil Kureshi
Bench: Akil Kureshi, Biren Vaishnav
C/MCA/863/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 863 of 2016
In SPECIAL CIVIL APPLICATION NO. 12367 of 2007
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JAGDISHKUMAR VYAS....Applicant(s)
Versus
UNION OF INDIA & 1....Opponent(s)
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Appearance:
MR PH PATHAK, ADVOCATE for the Applicant(s) No. 1
MR NIRAL R MEHTA, ADVOCATE for the Opponent(s) No. 1
NOTICE SERVED BY DS for the Opponent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 19/06/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1 This Review Petition is filed by the original petitioner, whose petition before the Central Administrative Tribunal was dismissed and whose further petition before the High Court against such judgement of the C.A.T was also dismissed. The petitioner has prayed for review on recall of the High Court judgement dated 18.06.2015 passed in Special Civil Application NO. 12367 of 2007. The petitioner's Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Aug 18 23:22:50 IST 2017 C/MCA/863/2016 ORDER grievance is with respect to non grant of benefit of Modified Assured Career Progression Scheme(M.A.C.P for short), on the ground that under the earlier A.C.P Scheme, the petitioner was already granted benefit of pay fixation twice in the higher scale. The petitioner's grievance was dismissed by the Tribunal, and thereafter by this Court. The Courts' found that no injustice has been done to the petitioner. The Division Bench of this Court in particular in the judgement in question, noted stand of the department that the petitioner was granted benefit of two fixations as per the existing ACPs, and thereafter, upon implementation of M.A.C.P also he was given benefit of third pay fixation during his total length of service of about 32 years.
2 No case for review is made out, since we do not see any error apparent on face of the record. Counsel for the petitioner, however, placed heavy reliance on a Government Clarification dated 10.06.2015, which was not available to the petitioner when his petition was decided by the High Court. In such a communication, it has been provided as under:
Page 2 of 3
HC-NIC Page 2 of 3 Created On Fri Aug 18 23:22:50 IST 2017 C/MCA/863/2016 ORDER " So far as the issue(ii) raised in your letter, it is informed that the MACP Scheme has come into force w.e.f 01.09.2008 which provides financial upgradation in the grade pay hierarchy. The ACP Scheme was in operation between 01.01.2006 - 31.08.2008. Financial upgradations under ACP Scheme were allowed in the promotional hierarchy as per the existing hierarchy and Non Functional Upgradation was not treated as financial upgradation under ACP Scheme. Hence, the Pharmacists on completion of12 years or 24 years of service are to be allowed financial upgradation under the ACP Scheme in the promotional hierarchy existing between 01.01.2006 to 31.08.2008."
3 The respondent, however, pointed out that the petitioner was already granted two ACPs even before 01.01.2006 in the then existing promotional hierarchy in the stream of pharmacists and higher posts. 4 In the result, this application is dismissed.
(AKIL KURESHI, J.) (BIREN VAISHNAV, J.) Bimal Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Aug 18 23:22:50 IST 2017