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W.P.(C^5845/2015.CM APPI^-10537/2015 ran SINGHAND ORS. Petitioners
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W.P.(C^5845/2015.CM APPI^-10537/2015 ran SINGHAND ORS. Petitioners
VERSUS
UNION OFINDIA AND ORS. Respondents W.P.(CI5S47/20I5.CM APPL.10538/2015
DEV RAJ AND ORS. Petitioners
DEV RAJ AND ORS. Petitioners
VERSUS
UNION OFINDIAAND ORS. Respondents Appearance;Mr.VinodSharmawithMr.NeerajJha,Advocatesfor petitioners in both matters. , . a +/TTnT
Mr.BhagwanSwamp Shukla,CGSConbehalfofrespondent/UOI with Mr.Suyash Kumar,Advocatein both matters.
Mr.BhagwanSwamp Shukla,CGSConbehalfofrespondent/UOI with Mr.Suyash Kumar,Advocatein both matters.
CORAM:
HON'BLE MR.JUSTICE S.RAVINDRABHAT
HON'BLE MS.JUSTICEDEEPA SHARMA
0/„ 13.07.2015
The writpetitioners in these proceedings seek directionsto the respondentsfor grantandrelease ofACP/MACP benefitsinterms of the Central Government's order dated 09.08.1999 and MACP dated
19.05.2009.Some petitioners retired beforethe Office Memorandum, . entitling them to the MACP benefits with effectfrom the particular date,wasissued.
The petitioners rely upon the rulings of this Court dated
13.02.2015 (Ranjit Singh & Ors. v. UOI& Ors.) to urge that the
2015:DHC:11183-DB
■n;
ACP/MACP benefits shouldbe granted to them.
The respondents do not deny that the petitioners are entitledto the benefits but submit that exact dates from which they can be disbursedhave to be verified.
Having regard to the undisputed facts and the order of this
Court in Ranjit Singh's case (supra), a direction is issued to the respondents to release the ACP/MACP benefits to such of,the petitioners who are entitledtoboth ofthem with effect fromthe date they became eligible for it, i.e., completion of the mandatory period of service, along with all consequential benefits such as disbursement of increments, arrears etc. In the case of the petitioners who are entitled to only second financial upgradation without the MACP as well as those who are retired, too, a similar direction is issued with the furtherrequirement that themodifiedpension fixationorderhas to be issued and arrears of pension to the extent admissible released to them, after due verification. These directions shallbe compliedwith within twelve weeks from today.
Writ Petitions stand disposed offinthe above terms along with allthepending applications.
S. RAVINDRA BHAT, J N DEEPA SHARMA, J JULY 13, 2015
IvikasI 2015:DHC:11183-DB
HON'BLE MS.JUSTICEDEEPA SHARMA
0/„ 13.07.2015
The writpetitioners in these proceedings seek directionsto the respondentsfor grantandrelease ofACP/MACP benefitsinterms of the Central Government's order dated 09.08.1999 and MACP dated
19.05.2009.Some petitioners retired beforethe Office Memorandum, . entitling them to the MACP benefits with effectfrom the particular date,wasissued.
The petitioners rely upon the rulings of this Court dated
13.02.2015 (Ranjit Singh & Ors. v. UOI& Ors.) to urge that the
2015:DHC:11183-DB
■n;
ACP/MACP benefits shouldbe granted to them.
The respondents do not deny that the petitioners are entitledto the benefits but submit that exact dates from which they can be disbursedhave to be verified.
Having regard to the undisputed facts and the order of this
Court in Ranjit Singh's case (supra), a direction is issued to the respondents to release the ACP/MACP benefits to such of,the petitioners who are entitledtoboth ofthem with effect fromthe date they became eligible for it, i.e., completion of the mandatory period of service, along with all consequential benefits such as disbursement of increments, arrears etc. In the case of the petitioners who are entitled to only second financial upgradation without the MACP as well as those who are retired, too, a similar direction is issued with the furtherrequirement that themodifiedpension fixationorderhas to be issued and arrears of pension to the extent admissible released to them, after due verification. These directions shallbe compliedwith within twelve weeks from today.
Writ Petitions stand disposed offinthe above terms along with allthepending applications.
S. RAVINDRA BHAT, J N DEEPA SHARMA, J JULY 13, 2015
IvikasI 2015:DHC:11183-DB
JUDGMENT