UNION OF INDIA Vs. BAJRANG SINGH CHOUDHARY S/O LATE SHRI UMED RAM CHOUDHARY
LAWS(RAJ)-2017-9-168
HIGH COURT OF RAJASTHAN
Decided on September 07,2017

UNION OF INDIA Appellant
VERSUS
Bajrang Singh Choudhary S/O Late Shri Umed Ram Choudhary Respondents

JUDGEMENT

PRADEEP NANDRAJOG,C.J. - (1.) The grievance in the writ petition is to the order dated 7.10.2016 passed by the Central Administrative Tribunal. The case of the respondent before the Tribunal was that notwithstanding he being eligible on 27.10.2003 to be granted benefit of second stage upgraduation in the pay scale as per the ACP Scheme, the department did not constitute the Screening Committee till year 2006. On 8.11.2006, the Screening Committee recommended him to be granted benefit of second ACP upgraduation w.e.f. 27.10.2003. Yet inspite thereof the department did not place him in the next higher scale. He made representations which were un-headed and it was only on 30.6.2014 that the benefit of upgraduation was extended to him and 6,37,085 as arrears were paid. With respect to said pleadings claim was for payment of interest on account of delayed payment.
(2.) The second claim was for payment of the arrears of ACP with respect to the implementation of Sixth Central Pay Commission as per which the pay scales were revised w.e.f. 1.1.2006.
(3.) Now had the respondent been granted the benefit of second ACP on 27.10.2003, the benefit of replacement of pay scale would ensued to him when the recommendations of Sixth Central Pay Commission were implemented. The second sum is 84,766/-. This payment was made to the respondent on 13.3.2015. The Tribunal has noted that the pay commission recommendations were implemented in October 2008 with retrospective effect from 1.1.2006. On this amount interest has been paid for the period October 2008 till when the payment was made on 13.3.2015.;


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