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Showing contexts for: NMEP in Director General Ministry Of Health & ... vs Central Administrative Tribunal Lko. & ... on 9 January, 2020Matching Fragments
"17. In our view, since the applicants were absorbed by way of merger of MOFRS with NMEP (now NVBDCP), the action of the respondents in denying them the benefit of MACP by not counting their past services from the actual date of joining in the entry grade is not sustainable in law.
18. In view of the foregoing discussions and in view of the clarifications on MACP as well as the ratio laid down by the Hon'ble Supreme Court and the Hon'ble Guwahati High Court, we set aside and quash the impugned letters dated 15.03.2013 and 05.04.2013 and direct the respondents to continue extending the benefit of MACP to the applicants by counting their service from the date of their joining of posts in the entry grade i.e. taking into account their services rendered in MOFRS prior to its merger with NMEP (now NVBDCP).
"We find that his issue is no longer res-integra. Hon'ble Supreme Court has made it abundantly clear in the case of Union of India &n Ors Vs. C.B. Gangadharalah & Ors (supra) that "the employees who were transferred on the strength of NMEP shall be entitled for all benefits as applicable to other employees of Government of India as per locality of his posting.""
9. Accordingly, the Tribunal, after considering the entire conspectus of the matter in O.A.No.297 of 2006 held as hereunder:-
"........we hold that the applicants are entitled to the benefits of promotion taking into account their past services rendered from the date of initial appointment and give them all other benefits which they are entitled as per law within a period of three months from the date of receipt of the copy of this order."
17. In our view, since the applicants were absorbed by way of merger of MOFRS with NMEP (now NVBDCP). The action of the respondents in denying them the benefit of MACP by not counting their past services from the actual date of joining in the entry grade is not sustainable in law.
18. In view of the foregoing discussions and in view of the clarifications on MACP as well as the ratio laid down by the Hon'ble Supreme Court and the Hon'ble Gauhati High Court, we set aside and quash the impugned letters dated 15.03.2013 and 05.04.2013 and direct the respondents to continue extending the benefit of MACP to the applicants by counting their service from the date of their joining of posts in the entry grade i.e. taking into account their services rendered in MOFRS prior to its merger with NMEP (now NVBDCP).