TMI Blog2020 (5) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... y, even if, the legal issue stands covered, more particularly, since certain directions have been issued by the Apex Court to the Union of India in the very decision, which it is bound to follow, the same shall also needed to be applied in case of each of the petitioners. To deny consideration on merit in individual case may amount to jeopardizing the right to be considered. All matters are remanded for fresh consideration on merit in wake of the delivery of the aforesaid decision - petition allowed by way of remand. - R/SPECIAL CIVIL APPLICATION NO. 5868 of 2020, 6268 of 2020, 6270 of 2020, 6269 of 2020, 6271 of 2020, 5869 of 2020, 5870 of 2020, 5871 of 2020, 5872 of 2020, 5873 of 2020, 6258 of 2020 - - - Dated:- 9-3-2020 - HONOURABLE MS JUSTICE SONIA GOKANI AND HONOURABLE MS. JUSTICE GITA GOPI Mr Nikhil S Kariel for the Petitioner Mr. Kshitij Amin for the Respondent COMMON ORAL ORDER PER : HONOURABLE MS JUSTICE SONIA GOKANI 1. Rule returnable forthwith. Learned advocate Mr. Kshitij Amin waives service of notice of rule for and on behalf of the respondents. 2. This group of petitions contain identical questions of facts and law and therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents herein to restore the benefit of 2nd MACP of placing the present applicants in Grade Pay of ₹ 5400 in PB-3 with effect from the original date of such grant. (D) Be pleased to quash and set aside Para 8.1 of Annexure 1 of OM No. 35034/3/2008-Estt.(D) dated 19th May 2009 (Annex. A1) and further be pleased to declare the same to be Ultra-vires the MACP Scheme as well as the 6th Pay Commission's Recommendations. (E) Be pleased to quash and set aside Instruction dated 22.06.2015 issued by the Pr. Chief Controller of Accounts, CBEC, New Delhi under F.No. Coord/Expdt./O.A.675 of 2013/ 2015-16 at Annx. A2 to this Application. (F) Be pleased to quash and set aside Clarification being F.No. A-23011/25/2015-Ad IIA dated 20/06/2016 at Annex. A3 to this Application. (G) Be pleased to declare that the benefit of Non Functional Grade Pay granted to Group B officers cannot be sent off against Financial Upgradation under the Modified Assured Career Progression Scheme. (H) Be pleased to declare that the present applicants are eligible to be granted the benefit of 3rd MACP by way of fixing the pay of the present applicants in PB-3 with pay of ₹ 1560 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by CBEC vide letter dated 26.05.2015 to the Chief Commissioner, Central Excise, Chennai Zone for filing compliance report before the Madras High Court. 7. The grievance on the part of the petitioners is that the respondent with such clarification dated 20.06.2016 decided to take away the benefit and that grant of non-functional grade pay of ₹ 5400/- in pay band II to the superintendents needed to be counted as one financial upgradation for the purpose of MACP scheme. This, according to the petitioner, sought to nullify the effect of the judgment of Madras High Court and thereby to deny the benefit of 3rd MACP upgradation. 8. This Court noticed that Central Administrative Tribunal after considering in detail the chronology of events and also various decisions on the subject, did not entertain the O.A., essentially because the very issue was pending before the Hon'ble Supreme Court in Special Leave Petition (C) No. 21830 of 2014 in case of Union of India and Others vs. M.V. Mohanan Nair along with other five SLPs. The decision of Punjab and Haryana High Court rendered in case of Union of India vs. Raj Pal in Special Leave Petition (C) No. 7467 of 2013 decided on 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in M.V.Mohanan's case and quashed and set aside the same. 10.1. While so holding, the Apex Court also noticed at para 47, 48 and 49 certain anomalies on implementation of the MACP scheme which have been brought to the notice of the Joint Committee in the various meetings of Joint Committee, Union of India and DOP T for considering the same as they deem it appropriate and take decision in accordance with the law. 11. In wake of this decision, the request is made on the part of the learned advocate Mr. Kariel to permit the petitioner to approach the Central Administrative Tribunal since the individual case of the petitioner has not been examined on the ground that the said matter of M.V.Mohanan had been pending before the Apex Court for adjudication. 12. According to learned advocate Mr. Amin, the issues which are essentially raised before the tribunal and for which there were conflicting decisions of various High Courts have been set at nought by the Apex Court and nothing remains to be adjudicated by the Tribunal, however, he agrees to the fact that individual case has not been examined by the Tribunal in the order impugned. For that limited aspect, he has no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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