Facts
The applicant, a Stenographer Grade 'D' with the National Capital Regional Planning Board (NCRPB), filed this Original Application (OA) seeking the implementation of orders dated 26.06.2018 and 16.07.2018, which granted her MACP benefits in the revised pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4600 and Rs. 4800
Source reference: para 1Although the orders were issued, the respondents failed to release the revised salary and arrears
Source reference: para 2.1The respondents contended that the 2018 orders contained infirmities and were issued without the approval of the competent authority
Source reference: para 3.1A committee was constituted to re-examine the case; however, proceedings were delayed due to administrative exigencies, including the illness of a committee member and vacancies in key administrative posts
Source reference: para 3.1During the proceedings, the respondents informed the Tribunal that the committee had eventually submitted its report in a sealed cover for a final decision by the Competent Authority
Source reference: para 3.2Issues
Whether the respondents' failure to implement the MACP benefit orders dated 26.06.2018 and 16.07.2018 was arbitrary and illegal
Source reference: para 1Whether the Tribunal should direct a time-bound conclusion to the respondents' internal review process regarding the applicant’s pay scale upgradation
Source reference: para 4.3Law Applied
The court primarily exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, to adjudicate disputes concerning service conditions
Source reference: para 1The dispute centers on the implementation of the Modified Assured Career Progression (MACP) Scheme, a central government policy designed to alleviate career stagnation by providing financial upgradation
Source reference: para 2.1Reasoning
The Tribunal observed that the applicant possessed a favorable order for MACP benefits which remained unimplemented
Source reference: para 2.1While the respondents justified the delay by citing the need for a committee review due to alleged procedural infirmities in the initial grant, they confirmed that the committee had reached a conclusion and submitted its report
Source reference: para 3.1, 3.2The Tribunal noted that the matter was currently pending final approval from the Competent Authority
Source reference: para 4.2Given that the administrative review was in its final stages, the Tribunal reasoned that keeping the judicial matter pending was unnecessary
Source reference: para 4.2It determined that the interests of justice would be served by mandating the respondents to finalize their decision within a strictly defined period
Source reference: para 4.3Holding
The Tribunal disposed of the O.A. by directing the respondents to take a final decision on the committee's report regarding the review of the order dated 26.06.2018
The respondents were ordered to communicate this decision to the applicant within eight weeks
Source reference: para 4.3(iii)It was further held that if the decision is favorable, the applicant must be granted all consequential benefits in accordance with the law
Source reference: para 4.3(ii)No order was made as to costs
Source reference: para 5Original Court PDF
Shalini BhagivsM/o Urban Development
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