01Facts
The applicant challenged the rejection of his request for service-related benefits, including regularisation of his ad hoc promotion as Grama Sevak Grade-II and consequential pay and MACP benefits.
¶ 3He had been notionally appointed as Sevak from 14 September 1999 and promoted as Grama Sevak Grade-II from 10 January 2006 following earlier Tribunal proceedings.
¶ 3He contended that his services had not been regularised despite completion of probation and sought consequential benefits.
¶ 3At the hearing, his counsel relied on the respondents’ statement in their reply that the applicant’s service book had been sent to the Director of Accounts and Treasuries and that action to grant MACP would be initiated in accordance with the applicable rules.
¶ 402Issues
i.Whether the respondents should be directed to consider the applicant’s MACP benefits in light of their statement that action would be initiated under the applicable MACP Rules.
¶ 403Law Applied
The Tribunal cited no statute, precedent, or independent legal test.
¶ 4Its direction was based on the respondents’ statement that the applicant’s MACP claim would be processed in accordance with the MACP Rules.
¶ 4The Tribunal ordered consideration of that matter within a specified period.
¶ 504Reasoning
The Tribunal relied on the respondents’ representation that the service book had been forwarded and that action concerning MACP would be initiated under the applicable rules.
¶ 4It therefore directed the respondents to consider the matter within three months of receiving the order, without determining the applicant’s entitlement to MACP or deciding the other service-benefit claims raised in the OA.
¶ 4–505Holding
The OA was disposed of with a direction to the respondents to consider the MACP matter within three months from receipt of the order.
¶ 5No costs were awarded.
¶ 6Original Court PDF
N G ArumugamvsUt Of Pondicherry
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