Facts
The applicant, working as a Biochemist in the Public Works Department, Puducherry, filed an Original Application (OA) seeking financial upgradations under the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes.
Source reference: p. 1-2She sought a declaration that her promotion from Water Analyst (pre-revised scale Rs. 5,500-9,000) to Biochemist (pre-revised scale Rs. 6,500-10,500) on March 31, 2000, should be ignored for ACP purposes because the posts were merged under Part B Section 1 (ii) of the CCS Revised Pay Rules, 2008.
Source reference: p. 3Consequently, she challenged an Office Memorandum dated April 21, 2017, and sought directions for the grant of the 1st ACP in Grade Pay Rs. 4,800 (w.e.f. 30.01.2007) and the 2nd MACP in Grade Pay Rs. 5,400 (w.e.f. 30.01.2015).
Source reference: p. 3During the hearing on March 24, 2026, the applicant’s counsel expressed the intent to withdraw the OA.
Source reference: p. 3Issues
1. Whether the applicant is entitled to financial upgradations under the ACP and MACP schemes by ignoring her prior promotion due to the merger of pay scales under the CCS Revised Pay Rules, 2008.
Source reference: p. 32. Whether the applicant should be permitted to withdraw the Original Application.
Source reference: p. 4Law Applied
The decision was governed by procedural law regarding the withdrawal of applications, wherein a party may voluntarily terminate proceedings through a categorical statement or endorsement by their authorized counsel.
Source reference: p. 4Reasoning
The Tribunal noted that the learned counsel for the applicant made a "categorical statement" expressing the wish to withdraw the OA and further substantiated this by making a formal endorsement in the case file.
Source reference: p. 3-4Based on this procedural development, the Tribunal found it appropriate to allow the withdrawal without further inquiry into the underlying service dispute.
Source reference: p. 4Holding
The Tribunal permitted the applicant to withdraw the application.
The OA was dismissed as withdrawn, and no order was passed regarding costs.
Source reference: p. 4Original Court PDF
L ANITA BENvsUt Of Pondicherry
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