Dr. Veena Chhotray, Member (A) : The applicant working as a Photocopier in the Principal Bench has been granted benefit of second MACP in the Grade Pay of Rs.2800/- vide the Office Order dated 17.11.2009 (Annexure A/7). Through this OA, he is seeking benefit of the said financial upgradation in the Pay Band II with Grade Pay of Rs.4600/-. The aforesaid benefit is sought w.e.f. 1.9.2008 with all consequential benefits, including arrears of difference of pay and allowances with interest.
2. The present claim is being made on the strength of the Chandigarh Bench of the Tribunals decision in OA No.1038/CH/2010 dated 31.5.2010 (Annexure A/4). The said order has already been upheld by the High Court of Punjab and Haryana vide its judgment in CWP No.19387/2011 dated 19.10.2011 (Annexure A/5).
3. The respondents vide their Office Memorandum dated 18.2.2012 has rejected the representation of the applicant for grant of similar benefits to him also as given to Shri Raj Pal by the Chandigarh Bench by stating that the later has been given the benefit of the higher Grade Pay on provisional basis subject to outcome of the SLP pending in the Honble Supreme Court (Annexure A/1).
4. As the matter would be argued before us today. It would be the common submission of both the counsels that though the SLP has been filed but it has not even listed so far before the Apex Court. It would also be conceded by Shri Rajeev Kumar, learned counsel for the respondents that on similar provisional basis, the benefits can also be extended to the applicant.
5. Accordingly, this OA is disposed on consensual basis with the directions to the respondents to extend the benefit as has been given to Shri Raj Pal who admittedly his junior to the applicant in all India seniority list also. This, however, would be provisional basis and subject to outcome of the SLP pending in the Honble Supreme Court. In view of the above, the earlier order dated 17.11.2009 is quashed hereby to the extend the appilicant had been granted financial upgradation under MACP Scheme in Grade Pay of Rs.2800/-. All the consequential benefits would be given except the prayer for interest which is not found to be acceptable. Our directions are to be complied with within a period of two months from the date of receipt of a copy of this order. (Dr. Dharam Paul Sharma) (Dr. Veena Chhotray) Member (J) Member (A) /ravi/