Anil Shankar Srivastava Vs Anupam Sharma, General Manager, North Eastern Railway, Gorakhpur & Ors

Central Administrative Tribunal - Allahabad Bench, Allahabad 9 Oct 2023 Civil Miscellaneous Contempt Petition No. 07 Of 2022 In Original Application No. 252 Of 2014 (2023) 10 CAT CK 0014
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Miscellaneous Contempt Petition No. 07 Of 2022 In Original Application No. 252 Of 2014

Hon'ble Bench

Om Prakash, VII, Member (J); Dr. Sanjiv Kumar, Member (A)

Advocates

Anil Kumar Srivastava, H.S. Chaurasia, Mahendra Prasad Mishra

Final Decision

Disposed Of

Judgement Text

Translate:

Year,Scale,Desig.,"Promotion/

Upgradation","Time period

from Date of

Recruitment","Office Order

No./Date",Remarks

1,2,3,4,5,6,7

1983,"330-

560",JAA,Appointment,-,-,Appointment

1986,"1200-

2040",JAA,"Pay Fixation

in 4th CPC",-,-,"Fixation in 4th

PC

1987,"1400-

2600",AA,"Promotion

from JAA

(1200-2040)

to AA (1400-

2600)",Four years,"Office order

No. 227 dt.

21.11.1987","1st promotion

w.e.f.

01.04.1987

against

vacancies

which arose as

result of

restructuring

as per

provisions of

RBE No.

222/97 dated

27.08.1987 and

RBE No.

158/87 dt.

18.06.1987

2008,"6500-

10500",AA,"Upgradation

from AA

(5500-9000

erstwhile

1400-2600) to

AA (Scale

6500-10500)

w.e.f.

08.07.2007",24 years,"Office Order

No. 19 dt.

09.06.2018","2nd

upgradation

given w.e.f.

08.07.2007

under ACP

(RBE No.

233/99 dated

01.10.1999)

after 24 years

of service after

date of

appointment

vide office

order No. 19

dated

09.06.2008 (As

they had

already earned

one promotion,

only 2nd

upgradation

was due

2014,"PB-II

Pay

Scale

Rs.

9300-

34800

(GP

5400)",AA,"Upgradation

from AA

(Grade Pay

4800

erstwhile

Scale 6500-

10500) to AA

(PB-II Pay

Scale Rs.

9300- 34800

(GP 5400)

w.e.f.

08.07.2013",30 years,"Office Order

No. 2 dt.

30.01.2014","3rd

upgradation

given w.e.f.

08.07.2013

under MACP

(RBE No.

101/2009 dated

10.06.2009

(after 30 years

of service after

date of

appointment

vide order No.

2 dated

30.01.2014 (As

they had

already earned

one promotion

& one

Financial

upgradation,

only 3rd

upgradation

was due under

MACPS).

upgradation was given to the applicant w.e.f. 08.07.2013 vide Office Order No. 2 dated 30.01.2014. Barring denying the same, the applicant does not",,,,,,

give clarification why this should not be considered 3rd MACP of the applicant as per eligibility. Hence, the contention of the applicant in the rejoinder",,,,,,

is bland, unsubstantiated and un-clear. Hence, we come to the conclusion that what the authorities have stated in the counter-cum-compliance",,,,,,

affidavit, is substantial truth that the applicant has got one regular promotion in the year 1987 and one upgradation under ACP Scheme in the year",,,,,,

2008 and another upgradation under new MACP Scheme in the year 2013, hence, it is clear that in terms of the order of the Hon’ble High Court",,,,,,

dated 05.05.2022, wherein it was observed that “having heard learned counsel for the parties, as an interim measure, we hereby provide that in",,,,,,

case the opposite parties are granted the benefit of ACP pursuant to the judgment impugned here in this writ petition from the due dates computing,,,,,,

their requisite period of service from the date of up-gradation and, accordingly, the first ACP on completion of 10 years, second on completion of 20",,,,,,

years and third on completion of 30 years of service as per Rules, the learned Tribunal subject to the outcome of this writ petition may treat it to be the",,,,,,

substantial compliance of the judgment passed by the Tribunalâ€​, and as per the facts placed before us, we have no ground to conclude otherwise than",,,,,,

that the applicant had been granted three upgradations as was envisaged under the MACP Scheme and subject to the outcome of the writ petition.,,,,,,

11. In view of the above facts and circumstances, we do not find any flaw in the statement of the respondents’ department contention that",,,,,,

substantial compliance of the judgment passed by this Tribunal has been made and as such, the contempt proceedings are liable to be closed.",,,,,,

Accordingly, the contempt proceedings are closed. The notices are discharged. All associated pending MAs stand disposed off.",,,,,,

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