WP(C) 7137/2017. Gauhati High Court

Case NumberWP(C) 7137/2017
Judgement DateNovember 22, 2017
CourtGauhati High Court

WP(C) No.7137 of 2017

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

22.11.2017 (Ajit Singh, C.J.)

Mr.SC Keyal, learned Assistant Solicitor General of India for the petitioner.

Mr.S Nath and Mr.GJ Sharma, learned counsel for the Respondents.

Heard on admission.

This petition under Article 226 of the Constitution is directed against the order dated 9.2.2016 passed by the Central Administrative Tribunal, Guwahati Bench, whereby it has disposed of Respondents’ OA No.040/00029/2016 with certain directions.

According to the respondents, they are working as UDC in the office of 5104 ASC Battalion (MT), Missamari under the Ministry of Defence (Army). And earlier, they were placed for 2 years on ad hoc/temporary basis as Civilian Clerks whereafter they were absorbed against regular vacancies as Civilian Clerks. The grievance of the respondents is that their said 2 years of “in lieu of combatant services” have not been taken into account for the purposes of financial upgradation under ACP/MACP schemes. The respondents therefore filed OA No.040/00029/2016 before the Tribunal for a direction against the petitioners to grant them benefits of service rendered by them as Civilian Clerks “in lieu of combatant services” for the purposes of counting of service for ACP/MACP and to revise the ACP/MACP benefits...

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