Facts
The Applicant, D. Gangadharappa, filed an Original Application seeking directions for the Respondents to grant him II-MACP benefits under the MACP Scheme dated 19.05.2009, effective from 01.09.2008, with consequential benefits, by modifying an impugned PTO.
Source reference: p.2, para 1During arguments, the Applicant's counsel contended that the case was identical to "N. Prasad vs. Union of India, Writ Petition No.13837/2017 (S-CAT)," decided by the Hon’ble High Court of Karnataka on 29.10.2024.
Source reference: p.2, para 2The High Court's judgment in N. Prasad's case has been stayed by an interim order of the Hon'ble Supreme Court dated 24.03.2025 in SLP (Civil) Diary No.9677/2025.
Source reference: p.3, para 2The SLP is currently pending before the Supreme Court.
Source reference: p.3, para 3Both parties agreed that a conditional order should be passed, contingent upon the final decision in the N. Prasad SLP.
Source reference: p.3, para 3Issues
Whether the Applicant is entitled to the grant of II-MACP benefits.
Source reference: p.2, para 1(i)Whether the Applicant's case can be conditionally decided based on the outcome of a similar pending case before the Hon'ble Supreme Court.
Source reference: p.3, para 3Law Applied
The court primarily applied the principle of judicial economy and consistency in granting relief conditionally based on the outcome of a case involving identical facts and legal issues that is pending before a higher judicial authority.
Source reference: p.3, para 3This principle allows for the deferment of a final decision until a precedent-setting case is resolved, ensuring uniformity in application of law.
Source reference: no citationThe MACP Scheme dated 19.05.2009 was the subject matter of the relief sought.
Source reference: p.2, para 1(i)Reasoning
The Tribunal recognized the similarity between the Applicant's claim for II-MACP benefits and the case of N. Prasad, which had been decided by the Karnataka High Court.
Source reference: p.2, para 2Crucially, the Supreme Court had stayed the High Court's order in N. Prasad's case, rendering it non-final for precedential purposes.
Source reference: p.3, para 2Both parties consented to a conditional order, which allowed the Tribunal to align the outcome of the present case with the eventual decision in the pending Supreme Court matter.
Source reference: p.3, para 3This approach avoided premature adjudication on a matter that was under review by the apex court and ensured that the Applicant would receive the same benefits as N. Prasad, thereby maintaining parity.
Source reference: p.3, para 4Holding
The Original Application No. 113/2020 was disposed of with a conditional order.
The Tribunal held that the Applicant shall be entitled to the same benefits as those finally granted to N. Prasad in SLP (Civil) Diary No. 9677/2025 by the Hon'ble Supreme Court.
Source reference: p.3, para 4(a)The department was directed to grant the same benefits to the Applicant if they are granted to N. Prasad.
Source reference: p.3, para 4(b)Each party was directed to bear their own costs.
Source reference: p.4, para 5Original Court PDF
D. Gangadharappa v. The Union of India & Ors. [OA.No.170/00113/2020/CAT/BANGALORE]
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