Professional Documents
Culture Documents
2.
The Director
Directorate of Enforcement
Govt. Of India, Ministry of Finance
6th Floor, Lok Nayak Bhawan
Khan Market, New Delhi 110 003.
3.
4.
5.
6.
1.
Sri. S. Balakrishnan
(Assistant Director, Retd.)
S/o. Late Sakkarai Nadar
No.166/1, Sathyasai Nagar
Madurai.
2.
Sri.C.R. VijayanNair
(Assistant Director, Retd.)
S/o Late Bhaskaran Nair
Goutham Apartments
Flat No.7, 3rd Floor
1824, 18th Main Road
Anna Nagar West, Chennai
3.
Sri. P.Ganesan
(Assistant Director, Retd.,)
S/o. Late G. Panchapakesan
No.146, First Main Road
T.P.S. Nagar Off Medical College Road
Thanjavur.
4.
The Registrar
Central Administrative Tribunal
Madras Bench, High Court Buildings
... Petitioners
... Respondents
Petition filed under Article 226 of the Constitution of India praying for
a writ of certiorari calling for the records relating to the Order of the 4th
respondent Central Administrative Tribunal Madras Bench passed in OA
No.280 of 2012 dated 22 July 2013 and quash the same.
For petitioner
:: Mr. M.Devendran
For respondents
ORDER
This writ petition is directed against the order dated 22 July 2013 in
Original Application No.280 of 2012, whereby and whereunder, the Madras
Bench of
Grade pay of Rs.6600/- in Pay Band-3 (PB-3 in short) and to re-fix the
pension amount appropriately.
Background Facts:
2.
3.
4.
5.
6.
The Tribunal was of the view that Clause 8(1) of the Office
7.
Discussion:
8.
ACPS. They were also granted third financial upgradation under MACPS
in the Grade Pay of Rs.6600/- under PB-3. The order granting them third
financial upgradation under MACPS in the Grade Pay of Rs.6600/- under
PB-3 was later withdrawn, presumably, on account of audit objection.
9.
financial
10.
case was revised solely on the ground that Grade Pay of Rs.5400/- in PB-2
and Rs.5400/- in PB-3 shall be treated as separate Grade Pays for the
purpose of financial upgradation under MACPS. Such a view was taken by
taking a literal interpretation of Clause 8(1) of MACPS without taking into
account the purpose for which the very scheme was evolved.
12.
Stage
Grade Pay
GP after rendering 30 years of service Rs.6600/counting from the entry grade of AEO
13.
14.
10
15.
16.
17.
11
Conclusion:
18.
clauses 8 and 8(1) of the MACPS and quashed the impugned orders and
restored the earlier orders granting benefit to respondents 1 to 3. Similar
view was taken by the Central Administrative Tribunal, Chandigarh Bench in
O.A.No.1038 of 2010 and it was upheld by the High Court of Punjab and
Haryana by judgment dated 19 October 2011 in CWP No.19387 of 2011.
We are therefore of the considered view that the impugned order does not
call for interference by exercising the power of judicial review.
19.
(S.K.A.,J.)
(K.K.S.,J.)
16-10-2014
glp/Tr
To
1.
2.
The Director
12
Directorate of Enforcement
Govt. Of India, Ministry of Finance
6th Floor, Lok Nayak Bhawan
Khan Market, New Delhi 110 003.
3.
13
SATISH K. AGNIHOTRI,J.
and
K.K. SASIDHARAN,J.
glp/Tr
4.
5.
6.
Pre-delivery order in
W.P.No.11535 of 2014
and M.P.No.1 of 2014
16-10-2014
14