This order dismisses three writ petitions filed by the Union of India challenging a Central Administrative Tribunal award granting second ACP with interest to private respondents. The Court upheld the Tribunal's decision to award interest from the admitted entitlement date of 9.8.1999.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of Decision: March 8, 2011
Union of India and others
...Petitioners
Versus
Central Administrative Tribunal, Chandigarh Bench and another …Respondents
Union of India and others
...Petitioners
Versus
Central Administrative Tribunal, Chandigarh Bench and another …Respondents
3. CWP No. 19255 of 2010
Union of India and others
...Petitioners
Versus
Central Administrative Tribunal, Chandigarh Bench and another …Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE T.P.S. MANN
Present: Mr. Sanjay Goyal, Advocate, for the petitioner(s).
Mr. Sanjiv Pandit, Advocate, for the private respondent(s).
M.M. KUMAR, J.
CWP Nos. 19225, 19227 & 19255 of 2010
2
spondent(s) were entitled to the grant of second ACP w.e.f. 9.8.1999 till the date of their retirement. The aforesaid relief has been granted on the basis of admission made by the petitioners to the effect that the Original Applicant-private respondents were entitled to grant of second ACP w.e.f. 9.8.1999. The only excuse put forward before the Tribunal was that there was confusion as to which authority would initiate their pay fixation as they were working in the capacity of officer. After various discussions held in the office of RO CE WC Chandimandir/Chandigarh it was decided on 21.4.1999 in joint discussion that the matter of pay fixation of the Original Applicants would be initiated by the CRO (O) Delhi. The Tribunal granted the benefit of second ACP w.e.f. 9.8.1999 as also awarded interest @ 6% on the arrears.
CWP Nos. 19225, 19227 & 19255 of 2010
3
has been conceded then there is nothing wrong if the Tribunal has awarded interest from that date. There is, thus, no merit in these petitions and the same are accordingly dismissed.
(M.M. KUMAR) JUDGE
(T.P.S. MANN) March 8, 2011 JUDGE Pkapoor
3 issues framed by the court
Whether the Tribunal rightly awarded interest on arrears of pay from 9.8.1999 considering the entitlement was admitted before the Tribunal.
Whether relaxation of degree requirement for promotion affects the entitlement date for second Age-Conditional-Pension (ACP).
Whether the challenge to the award of interest at 6% on arrears has merit given the admission of entitlement.
1 provisions across 1 enactments
Union of India
Central Administrative Tribunal, Chandigarh Bench
M.M. KUMAR
T.P.S. MANN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
