Page No.# 1/4 vs Smt Rita Singha And 5 Ors
2023 Latest Caselaw 4626 Gua

                                                               Page No.# 1/4

GAHC010184562023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/4877/2023

         UNION OF INDIA AND 3 ORS.
         REPRESENTED BY THE SECRETARY,
         GOVERNMENT OF INDIA,
         MINISTRY OF DEFENCE, SOUTH BLOCK,
         NEW DELHI- 110001.

         2: DIRECTOR GENERAL OF SIGNALS 4(C)
          GENERAL STAFF SHAKHA
          INTEGRATED HQ OF MINISTRY OF DEFENCE (ARMY)
          NEW DELHI- 110001.

         3: DIRECTOR GENERAL OF SIGS4(C)
          GENERAL STAFF BRANCH
          DTE HQ
          NEW DELHI- 110001.

         4: ADMINISTRATIVE COMMANDANT
          STATION CELL
          HQ 101 AREA
          PIN- 908101
          C/O- 99 APO

         VERSUS

         SMT RITA SINGHA AND 5 ORS.
         CSBO, GRADE-I, P/NO.- 14272916L
         O/O THE ADMINISTRATIVE COMMANDANT, STATION CELL, HQ 101 AREA,
         PIN- 908101, C/O- 99 APO.

         2:SMT MARY LAMARE
          CSBO
          GRADE-I
          P/NO.- 6684
         O/O THE ADMINISTRATIVE COMMANDANT
                                                     Page No.# 2/4

             STATION CELL
             HQ 101 AREA
             PIN- 908101
             C/O- 99 APO.

            3:SMT BHARATI DAS
             CSBO
             GRADE-I
             P/NO.- 14272385
             O/O THE ADMINISTRATIVE COMMANDANT
             STATION CELL
             HQ 101 AREA
             PIN- 908101
             C/O- 99 APO.

            4:SMT BEBESWORY DEVI
             CSBO
             GRADE-I
             P/NO.- 14272917LN
             O/O THE ADMINISTRATIVE COMMANDANT
             STATION CELL
             HQ 101 AREA
             PIN- 908101
             C/O- 99 APO.

            5:SMT DHANESWARI DEKA
             CSBO
             GRADE-I
             P/NO.- 14272328X
             O/O THE ADMINISTRATIVE COMMANDANT
             STATION CELL
             HQ 101 AREA
             PIN- 908101
             C/O- 99 APO.

            6:SMT CHANDI DAS (RETIRED)
             CSBO
             GRADE-I
             P/NO.- 414202002033
             O/O THE ADMINISTRATIVE COMMANDANT
             STATION CELL
             HQ 101 AREA
             PIN- 908101
             C/O- 99 APO

Advocate for the Petitioner   : MR. B CHAKRAVARTY

Advocate for the Respondent :
                                                                                 Page No.# 3/4




                                          BEFORE
           HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
             HON'BLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

15-11-2023 (M.R. Pathak, J)

Heard Mr. B. Chakravarty, learned Central Government Counsel for the petitioners.

2) The respondents herein as applicants preferred an application under Section 19 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal at Guwahati being Original Application (OA) No.321/2021 seeking the financial benefit of MACP (Modified Assured Career Progression) Scheme in terms of the judgment and order dated 26.10.2015, passed by the CAT, Principal Bench pertaining to the letter of the Central Government in the Ministry of Defence under No.3(5)/2020-D(AF) dated 03.03.2021 for the Grade Pay of Rs.4,200/-, Rs.4,600/- and Rs.4,800/- on completion of 10 years, 20 years and 30 years of regular service under the said MACP Scheme.

3) Following the decision of the CAT, Principal Bench dated 26.10.2015, the CAT, Guwahati Circuit Bench at Shillong on 03.02.2021 allowed the said application of the respondents directing the present petitioners to give the benefit of MACP to the concerned applicants/respondents herein, who are all Civilian Switch Board Operator serving in the Ministry of Defence.

4) Mr. Chakravarty, learned CGC appearing for the petitioners placing the provisions specified in para-2 of the Office Memorandum under No.35011/03/2008-Estt(D) dated 30.07.2010 of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) as well as the Clause 13 of the MACP Scheme as noted on 19.05.2009 by the Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) submitted that as the respondents/applicants earlier availed time bound promotions they are not entitled to such benefit.

Page No.# 4/4

5) Mr. Chakravarty, learned CGC appearing for the petitioners submitted that though the present petitioners did not file any affidavit in said Original Application (OA) No.321/2021 before the CAT at Guwahati but the concerned counsel for the petitioners herein before the CAT, Guwahati failed to place those relevant documents for consideration and to that effect, the petitioners have also filed an additional affidavit on 18.09.2023.

6)    Issue Notice returnable by eight weeks.

7)    Petitioners shall take step for service of notice on the respondent Nos. 1 to 6 by

Registered post with A/D on or before 20.11.2023, providing their correct and proper addresses with requisite postal stamps.

8) In addition to the above, the petitioners are also allowed to take steps for service of notice on the respondent Nos. 1 to 6 by Dasti/Personal service to be routed through the Registry of this Court. Such Dasti/Personal service shall be made on the respondent Nos. 1 to 6 obtaining their signatures with the date in presence of one or more witnesses. Thereafter, the petitioners shall file an affidavit towards completion of such Dasti/Personal service on those respondents.

9)    List accordingly.




                                  JUDGE                                  JUDGE




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