Rajamma Thankappan vs M/O Health And Family Welfare on 14 March, 2023
2. Learned counsel for the applicants narrating the
history and background of the case submits that the
applicants were appointed on adhoc basis as Staff Nurse on
15.04.1981/22.03.1982/07.09.1982 on regular scale of pay
attached to the post. Accordingly, they are entitled to get the
benefit of the service w.e.f. their entry into service on the
said date, although they were regularised four years
(approx.) later on 25.10.1985. Drawing support from the
judgment of the Hon'ble High Court of Calcutta in W.P. (CT)
No. 497/2013 titled Sunity Chakraborty Vs. Union of
India & Others, she submits that the said judgment
categorically states that for the benefit of MACP, the date to
be reckoned with is the date of initial entry into service. She
further substantiates this contention from the documents
she has annexed with her rejoinder which are consolidated
instructions with respect to MACP issued by DoP&T on
09.09.2010. The relevant instructions state that benefits
under MACP Scheme would be available from the date of
4
Item No. 13
O.A. No. 3495/2015
actual joining of the post in the entry grade. Accordingly,
she submits that the applicants would be entitled to MACP
Scheme with reference to their date of entry into service
which is 15.04.1981/22.03.1982/07.09.1982.