Shri Krishan Kumar vs Union Of India Through on 11 March, 2014
2. The applicants case is that in OA 193/2012, vide its order dated 4.12.2012, the Central Administrative Tribunal (Jaipur Bench) had decided the case of Subhash Chander Vs. Union of India and ors., which related to implementation of BCR Scheme and relying on this Tribunals order in OA 78/2001 in Shyam Lal Vs. Govt. of India, Department of Posts and ors. and OA 878/2010, P.C. Gupta Vs. UOI and ors., the Tribunal directed the grant of higher pay scale to the applicant therein under the BCR Scheme with effect from the date on which he had completed 26 years of service. The applicants also rely on Yogeshwar Prasad and ors. Vs. National Inst., Edu. Planning & Admn. & Ors, 2011 (7) SLR 1, in which the Honble Supreme Court held that additional amount paid pursuant to the grant of higher pay scale recovery of additional amount cannot be made unless it was a case of misrepresentation or fraud by the employee concerned. The applicants further drew our attention to the Modified Assured Career Progression (MACP) OM dated 18.09.2009 in which para 8 and 14 provide as follows: