EX-NO 113643 HAV/GD MILAP CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition with a prayer for issue of a writ of certiorari to set aside and quash the impugned order No. 1.11011/A-2012/714, dtd. 26/5/2012 and order No. 113643/11 AR/PGC-2013/1196, dtd. 23/10/2013 as well as order No. I.1555/Milap Chand (11 AR)/A/2015/682, dtd. 12/9/2015 and also for issue of a writ in the nature of Mandamus directing the respondent authorities to grant/extend 2nd Financial up-gradation under Modified Assured Career Progression Scheme from the grade pay of Rs.2400.00 to Rs.2800.00 w.e.f. 01/09/2008 and consequential benefits (3rd MACPs).

(2.) On going through this petition, it is understood that the petitioner as stated by him was enrolled in the Assam Rifles as a Rifleman (GD) on 15/3/1980 and he was eventually promoted to the rank of Hav(GD) w.e.f. 1/12/2000. As per Record Office Instruction (ROI) No. 4/99, on completion of 30 years qualifying service, the Directorate General Assam Rifles (DGAR) discharged him on retiring pension on 1/4/2010 (FN).

(3.) In the month of May 2012, the petitioner filed an application before the DGAR for grant of financial up-gradation under the Modified Assured Career Progression Scheme (MACP) on the ground that he had completed 30 years of continuous service and was supposed to get the financial up-gradation under the MACP which was not given to him, as a result of which his grade pay at the time of retirement was Rs.2400.00 when it should have been Rs.2800.00 if the MACP scheme was made applicable to him.