Union of India v. v. S. Patilkulkarni
Case brief
What is this about?
MACP Scheme; ACP Scheme; Non-Functional Grade (NFG/NFSG); third financial up-gradation; Grade Pay Rs.5,400/- PB-2 versus Rs.6,600/- PB-3; Inspectors/Superintendents/Assistant Commissioners, Central Excise/CBIC; CAT Bangalore common order 04.03.2020 in O.A. Nos.170/1621/2018 & connected; withdrawal and recovery of MACP benefits; R. Chandrashekaran v. CAT (Madras HC, 2014 SCC Online Mad 9003); DoP&T OM dated 19.05.2009 para 8.1; CCS(RP) Rules 2008; Article 14 equality; refund undertaking; appeal pending before Supreme Court; Karnataka High Court, 3 June 2022; P.S. Dinesh Kumar and M.G. Uma JJ.; writ petitions disposed of with clarification.
What did the court decide?
Writ petitions disposed of by clarifying the CAT's common order dated 04.03.2020: the respondents shall be bound by the final outcome of the Apex Court's decision in R. Chandrashekaran's case; and, to protect the Revenue, the respondents are directed to file undertakings before the Court to refund the amounts received pursuant to grant of third MACP (Grade Pay Rs.6,600/- in PB-3) if the petitioners succeed in the Apex Court. No costs.