Full Text
W.P.(C)5853/2017 and CM APPL.24461/2017-STAY
UNION OFINDIA&ORS Petitioners
Through: Ms.ShivaLakshmi,CGSC with Mr.Siddharth Singh,Advocate.
Through: Mr.V.P.S.Tyagi,Advocate.
Through: Ms.ShivaLakshmi,CGSC with Mr.Siddharth Singh,Advocate. versus.
BIMLADEVI ...Respondent
Through: Mr.V.P.S.Tyagi,Advocate.
ORDER o/„ 06.11.2019
JUDGMENT
1. Pursuanttotheorderdated24^^April,2019,anaffidavithasbeenfiledby thePetitionersrepeating whathas alreadybeennotedinthe order dated24 April, 2019 viz.,that the post in question is isolated with there being no promotional avenues.
2. When a pointed question was posed to the learned counsel for the Petitioner why the remaining part of the order dated 24 Apnl, 2019 2019:DHC:7428-DB whereby the Petitioners were to plaee before the Court the pay structure in respect ofthe promotional posts in other departments with similar pay scale has not been complied with, she states that she was unable to get any instructions on this aspect.
3. It had already taken over six months for the Petitioner's to file an additional affidavit. Since this is the only issue involved in the present petition, the Court is of the view that CAT was justified in holding in the impugned order that the Respondents were entitled to the ACP benefits in the pay-scale of Rs.5000-8000/- with effect from 9'"^ August, 1999 and the benefit ofthe Modified ACP as applicable to consequential benefits arising out ofthe re-fixation ofthe pay.
4. The writ petitions are accordingly dismissed. The pending applications are also disposed of.
S.MURALIDHAR,J. TALWANT SINCm,J. NOVEMBER 06,2019 mr