Karnataka High Court
Union Of India vs Sri. K. Gopalaraju on 2 August, 2024
Author: R Devdas
Bench: R Devdas
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RP No. 71 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE R DEVDAS
AND
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REVIEW PETITION NO. 71 OF 2023
IN
WRIT PETITION NO.18896 OF 2019
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF DEFENCE
SOUTH BLOCK
NEW DELHI-110 001.
2. ENGINEER IN CHIEF
ARMY HEADQUARTERS
KASHMIR HOUSE, RAJAJI MARG
NEW DELHI-110 011.
Digitally signed 3. THE CHIEF ENGINEER
by ALBHAGYA HEAD QUARTERS
Location: HIGH SOUTHERN COMMAND
COURT OF MILITARY ENGINEER SERVICES
KARNATAKA PUNE-411 001.
4. THE CHIEF ENGINEER (AF)
NO.2, D.C AREA, M.E.S ROAD
YASHWANTHPUR
BENGALURU-560 022.
5. THE COMMANDER WORKS
ENGINEER (AF) NORTH
MILITARY ENGINEER SERVICES
BELLARY ROAD
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RP No. 71 of 2023
J.C. NAGAR POST
BENGALURU-560 006.
6. THE GARRISON ENGINEER (MAINT) AF
M.E.S JALAHALLI
BENGALURU-560 013.
7. THE GARRISON ENGINEER (AF)
MILITARY ENGINEER SERVICES
HQ TRG. COMD
IAF CAMPUS, HEBBAL
BENGALURU-560 006.
8. THE GARRISON ENGINEER (AF)
MARATHAHALLI M.E.S., KEPAPURA
YEMALUR PO.
BENGALURU-560 037.
9. MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
(DEPT. OF PERSONNEL AND TRAINING)
GOVT. OF INDIA, NORTH BLOCK
NEW DELHI-110 001.
REPRESENTED BY ITS SECRETARY
10. SRI. K. GOPINATHAN
MES 130465
PEON (MTS), (RETIRED)
NO. 112/A, SHANSHANK FLORENTO
NEAR SAMBRAM COLLEGE
DODDA BETTA HALLI
VIDHYARANYAPURA POST
BENGALURU-560 097.
...PETITIONERS
(BY SRI. UNNIKRISHNAN .M, CGSC)
AND:
1. SRI. K. GOPALARAJU
MES-604041
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PEON (MTS)
AGED ABOUT 49 YEARS
S/O KEMPARANGAIAH
O/O THE GARRISON ENGINEER (AF)
JALAHALLI, BENGALURU-560 013.
2. SRI. M. SIDDA RAJU
MES-604042
PEON (MTS)
AGED ABOUT 47 YEARS
S/O MADDURAIAH
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR
BENGALURU-560 022.
3. K. SHANTHARAJU
MES-604043
PEON (MTS)
AGED ABOUT 46 YEARS
S/O KADAIAH
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR, BENGALURU-560 022.
4. R. THIRUNATHAN
MES-604331
PEON (MTS)
AGED ABOUT 51 YEARS
S/O P. RAGHAVAN
O/O THE GARRISON ENGINEER(AF)
MILITRY ENGINEER SERVICES
HQ TRG, COMD, IAF CAMPUS
HEBBAL, BENGALURU-560 006.
5. SRI. J. VIJAYA KUMAR
MES-604327
PEON (MTS)
AGED ABOUT 59 YEARS
S/O P. JOHN
O/O THE CHIEF ENGINEER (AF) NORTH
J.C. NAGAR POST, BELLARY ROAD
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MEKRI CIRCLE
BENGALURU-560 006.
6. SRI. N. RAJASHEKAR
MES-604333
PEON (MTS)
AGED ABOUT 46 YEARS
S/O B. NARASHIMAYA
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C.AREA, MES ROAD
YASHWANTHPUR
BENGALURU-560 022.
7. SRI. B. HEMACHANDRA
MES-604047
PEON (MES)
AGED ABOUT 40 YEARS
S/O B. BABU NAIDU
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR
BENGALURU-560 022.
8. SRI. R. JAGADISHA
MES-604355
PEON (MTS)
AGED ABOUT 46 YEARS
S/O R. RAMAKRISHNA
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR
BENGALURU-560 022.
9. SRI. B. SATISH KUMAR
MES-604356
PEON(MTS)
AGED ABOUT 45 YEARS
S/O B. BETTAPPA NAIDU
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR, BENGALURU-560 022.
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10. SRI. B.C. MANJUNATHA
MES-604357
PEON (MTS)
AGED ABOUT 43 YEARS
S/O CHIKKAITHIMMAIAH
O/O THE GARRISON ENGINEER (M)
AIR FORCE JALAHALLI
BENGALURU-560 013.
11. SRI. ANTHONY .C
MES-604048
PEON (MTS)
AGED ABOUT 39 YEARS
S/O CHINNAPPA
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C.AREA, MES ROAD
YASHWANTHPUR
BENGALURU-560 022.
12. SRI. SIDDARAJU
MES-604348
PEON (MTS)
AGED ABOUT 48 YEARS
S/O B. SIDDAPPA
O/O THE GARRISON ENGINEER (AF)
MILITARY ENGINEER SERVICES
HQ TRG, COMD, IAF CAMPUS
HEBBAL, BENGALURU-560 006.
13. SRI. THOMAS CHACKO
MES-604049
PEON (MTS)
AGED ABOUT 44 YEARS
S/O K.V. CHACKO
O/O THE CHIEF ENGINEER (AF)
NO.2, D.C. AREA, MES ROAD
YASHWANTHPUR, BENGALURU-560 022.
14. SRI. S. NARAYANA
MES-604057
PEON (MTS)
AGED ABOUT 39 YEARS
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O/O THE GARRISON ENGINEER (AF)
MARATHAHALLI
BENGALURU-560 037.
...RESPONDENTS
(BY SRI. N.G. PHADKE, ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1(A) OF THE CPC, R/W SECTION 151 OF THE CPC, R/W
ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO
REVIEW THE ORDER PASSED BY THIS HONBLE COURT IN WRIT
PETITION NO. 18896/2019 (S-CAT), DATED 12.08.2021, i.e.
ANNEXURE-A, AND CONSEQUENTLY DISMISS THE WRIT
PETITION FILED BY THE RESPONDENTS AND ETC.
THIS PETITION, COMING ON FOR ADMISSON, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
AND
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR JUSTICE R DEVDAS)
The Union of India and the other Officers are before
this Court seeking review of the order dated 12.8.2021 in
W.P.No.18896/2019.
2. Learned Central Government Senior Standing
Counsel appearing on behalf of the review petitioners
submits that the petitioners herein had filed an SLP before
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the Hon'ble Supreme Court in respect of the order in
question. However, a submission was made on behalf of
the review petitioners that they would like to take recourse
to the remedy of review and accordingly, permission was
granted by the Hon'ble Apex Court and therefore, this
review petition has been filed.
3. The learned Central Government Senior
Standing Counsel sought to draw the attention of this
Court to a decision of the Hon'ble Supreme Court in the
case of Union of India and others .vs. M.V. Mohanan
Nair reported in AIR 2020 SC 5107. However, the
learned counsel for the respondents submitted that the
said judgment was rendered prior to the orders passed by
this Court and in fact reference was sought to be made in
respect of the said judgment before this Court.
Learned counsel for the respondents further submits that
this Court while passing the order took note of the fact
that in the Official Memorandum dated 19.5.2009 where
the Scheme was launched, in Paragraph No. 9 it is
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provided that any interpretation/clarification of doubt as to
the scope and meaning of the provisions of the MACP
scheme shall be given by the Department of Personnel and
Training (Establishment-D). Accordingly, the Department
of Personnel and Training gave a clarification having
regard to several such confusion and clarifications sought.
Vide Official Memorandum dated 9.9.2010, clarification
was given by the Department as to whether the Pay Band
would change in the hierarchy of Pay Bands and Grade Pay
on grant of benefits under MACP scheme. The answer was
a clear 'Yes'. It was clarified that the upgradations under
the MACP scheme is to be granted in the immediate next
higher grade pay in the hierarchy of recommended revised
pay band and grade pay as prescribed in the CCS(RP)
Rules, 2008. The learned counsel for the respondents
would further submit that the question regarding the
promotional pay scale was never the question before this
Court and therefore, this Court did not say anything in
respect of the judgment cited by the learned Central
Government Senior Standing Counsel.
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4. It is submitted that the said judgment pertains
to whether the upgradation was with reference to any
promotional pay scale and that was not the question
before this Court.
5. Having heard the learned Central Government
Senior Standing Counsel and the learned counsel for the
respondents and on perusing the petition papers, this
Court is of the considered opinion that the review
petitioners are not able to make out any case of error
apparent on the face of the record. This Court has passed
the order having regard to the issues brought before this
Court and the fact that the Department of Personnel and
Training had given a clarification on the issue.
6. Accordingly, the review petition stands
dismissed.
Sd/-
(R DEVDAS)
JUDGE
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
