Guru Siddappa v. Union Of India, Rep By Its Deputy Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND FIFTEEN

Present

Between:

Guru Siddappa, S/o. Late Shanthappa, Hindu, Aged about 50 years, Occ: Working as CISF Asst. Sub-Inspector, R/o. Qtr.No.B-10, CISF Unit, STPP(S), Simhadri, Visakhapatnam - 531 020.

.. Petitioner AND Union of India, Rep. by its Deputy Secretary, Ministry of Personal Public Grievances and Pensions, Department of Personal and Training, North Block, New Delhi & 3 others .. Respondents The Court made the following:

ORDER:

This writ petition is filed seeking to grant the following relief: "declaring the action of the Respondents in denying MACP Scheme benefit to the petitioner by granting grade pay of Rs.4,200/- along with one increment w.e.f.

01.09.2008 vide Proceedings E24025/CISF/STPP/Doc/2010/3156, dated 06.09.2010 of the 4th respondent is illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay all arrears of salary duly fixing the pay of the petitioner with the grade pay of Rs.4,200/- alone with one increment w.e.f. 01.09.2008 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The claim of the petitioner that he is entitled for Modified Assured Career Progression Scheme (MACPS) benefits on completion of ten years service in

the post of Assistant Sub-Inspector on 04.06.2007 and eligible to the MACPS benefit with effect from 05.06.2007 and even though representations are made, the same were not considered. Further, the grievance of the petitioner is that the screening committee meeting was held on 23.08.2010, but the committee has not considered the benefit of MACPS to the petitioner though he was entitled to said benefit from 01.09.2008. Making several contentions, this writ petition is filed to grant the said benefit.

3. After filing the writ petition, the respondents considered the claim of the petitioner and by proceedings, dated 13.03.2012 (GHH Service Order PartNo.40/2012), the petitioner was granted financial upgradation with effect from 14.06.2011 under MACPS-II. Consequentially, pay fixation was also made with effect from 01.07.2011. The proceedings, dated 13.03.2012, are not under challenge. If the petitioner is aggrieved by such pay fixation from a date later than the date of claim of the petitioner, the petitioner has to avail appropriate remedy against the said proceedings.

4. The Writ Petition is, accordingly, disposed of, leaving it open to the petitioner to avail appropriate remedy as available in law, if the petitioner is aggrieved by the proceedings of 13.03.2012. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 3rd November, 2015 KL

Date: 3rd November, 2015 KL