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Judgment
Per: Hon’ble Dr. Lata Baswaraj Patne (J):
Ld Counsel for the applicant is present.
None appears for the respondents.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a)To set aside and quash Impugned letter dated 12.02.2021 issued by the Dy. Director, (ME) Ministry of Health and Family Welfare Directorate General of Health Services.
b)To set aside and quash Impugned letter no. 14-2/2016 dated 01.03.2021 issued by the Additional Director, A.I.I.H & P.H, Kolkata.
c)To set aside and quash impugned letter No. E.14-2/2016 dated 26.04.2021 issued by the Additional Director, A.I.I.Η & Ρ.Η, Kolkata.
c)To direct the respondent to set off and/or adjust the 1st Financial Upgradation under the MACP Scheme with that of First Functional Promotion to the post of UDC and accordingly grant the 2nd Financial Upgradation under MACP Scheme in Level-5 with all consequential benefits.
d)and proper. Any other order or orders as the Hon'ble Tribunal deems fit”
Ld Counsel for the applicant submits that the applicant was appointed as LDC on 20.10.1998 in the Office of the Director, AIIH&PH. He was granted 1st Financial Upgradation on 20.10.2008 in GP of Rs. 2000/- and thereafter was granted 2nd Financial Upgradation on 20.10.2018 in GP of Rs. 2400/-. The applicant was granted First Functional Promotion to the Post of UDC on 01.01.2020 in GP of Rs.2400/-. Being aggrieved with the fact that the effect of 2 (two) Financial Upgradations has been offset by a Single Functional Promotion, the applicant submitted a representation dated 05.03.2020 which was rejected in terms of the impugned letters stating that there is no clear guideline on the issue by the DoPT. Being aggrieved with such rejection the applicant further submitted a representation dated 13.04.2021 addressed to Respondent no. 4 which was refused to be forwarded to the said authority in terms of the letter dated 26.04.2021. Hence this OA.
Ld Counsel for the applicant further submits that although the respondents have filed their reply, the same does not cover the aspect. He, therefore, prays for a direction upon the Respondent No. 4 to consider the representation of the applicant dtd. 13.04.2021 following the MACP Scheme and communicate the decision to the applicant within a stipulated period of time.
Heard.
In view of the submission made by the Ld Counsel for the applicant, without going into the merit of the case, we direct the Respondent No. 4 to examine and consider the pending representation of the applicant dtd. 13.04.2021 following the scheme where the legislatures have interpreted the policy as to avoid the stagnation and have decided to give the financial upgradation, namely, Modified Assured Career Scheme (MACP) and to communicate the decision to the applicant, by way of, a reasoned and speaking order within a period of 03 months from the date of receipt of a certified copy of this order.
Accordingly, the OA is disposed of. No cost.