w w w . L a w y e r S e r v i c e s . i n

Monir Uddin Ahmed, Junior Engineer (Civil), Postal Civil Sub Division, (Dimapur), Nagaland v/s Union of India, Represented by the Secretary, Govt. of India, Ministry of Communication & IT, Department of Posts, New Delhi & Others

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- V J COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64203PB1996PTC017956

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 040/00307 of 2019

    Decided On, 20 September 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: S. Nath, G.J. Sharma, Advocates. For the Respondents: -----

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. The instant O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

8.1 That the Hon’ble Tribunal be pleased to declare that the applicant is entitled to be placed in the grade pay of Rs. 4600 on completion of 20 years of regular service in terms of MACP Scheme.

8.2 That the Hon’ble Tribunal be pleased to direct the respondents to grant the applicant 2nd financial upgradation under MACP Scheme in the grade pay of Rs. 4600/- w.e.f. 29.10.2013.

8.3 Costs of the application.

8.4 Any other relief(s) to which the applicants are entitled to as the Hon’ble Tribunal may deem fit and proper.

2. Sri S. Nath, learned counsel for the applicant submitted that the applicant is presently working as Junior Engineer (Civil) in the department of Posts and now posted at Postal Civil Sub Division, Dimapur, Nagaland. According to learned counsel, the applicant was initially appointed as postal Assistant on 30.10.1993. He was granted 1st financial upgradation in the Grade pay of Rs. 2800/- under the MACP Scheme. The applicant participated in the Departmental Examination, 2007 held on 21/11.07.2007 for appointment as Junior Engineer (Civil). However, the said examination conducted in respect of candidates appeared at Guwahati Centre was cancelled due to the anomalies. In terms of the order dated 02.03.2010 passed by this Tribunal in O.A. No. 178/2008, re-examination for two papers were conducted on 20.10.2013. The applicant qualified in the Departmental Examination in the year 2013 was appointed as Junior Engineer (Civil) on 17.02.2014 and was granted the benefit of pay fixation w.e.f 31.12.2007.

3. Learned counsel further submitted that in terms of the MACP Scheme in the Department of Posts, the employees in the Pay Band of Rs. 5200-20200 with Grade pay of Rs. 2400/- on completion of 10 years of service to be placed in the Grade Pay of Rs. 2800, if first regular promotion as inspector on completion of 15 years in the Grade pay of Rs. 4200/- i.e. 10+5 then 2nd MACP to the Grade Pay of Rs. 4600 on completion of 20 years (i.e. 10+5) or 10 years in the same Grade pay whichever is less. In the present case, the applicant had completed 20 years of regular service on 29.10.2013, as such, he is entitled to be placed in the Grade pay of Rs. 4600/-. Being aggrieved with that the applicant submitted several representations dated 21.11.2014, 03.09.2015, 09.12.2015 and 19.11.2018, but the same has not been considered by the respondents’ authority till date.

4. We have heard learned counsel for the applicant, perused the papers and documents produced before us. Keeping in view of the pending representations, without going into the merit of the case as well as without issuing notice to the respondents, we found that it is a fit case to direct the appropriate authority to consider the last pending representation dated 19.11.2018 and dispose of it and pass a reasoned and speaking order within a reasonable period of tw

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o months from the date of receipt copy of this order. Order accordingly. 5. It is needless to mention that whatever decision to be passed by the appropriate authority, the same shall be communicated to the applicant forthwith. 6. With the above directions, O.A. stands disposed of at the admission stage. No order as to costs.