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Judgment
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):-
M.A. No.5058/2026
The present M.A. is filed seeking permission of joining together in a single application.
For the reasons stated therein, the M.A. No.5058/2026 is allowed.
O.A. No.3934/2026
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants hahave prayed for the following relief(s):
“i)To quash and set aside the impugned Order No. F.No.10/07/99/H&FW/Vol.III/439 dated 05.08.2024 issued by the Head of Office, Drugs Control Department, Govt. of NCT of Delhi, to the limited extent whereby it grants 2nd financial upgradation under the MACP Scheme in Pay Level 12 of the 7th CPC Pay Matrix (Rs. 78,800-2,09,200/-) w.e.f. 27.08.2021 to Sh. Sundeep Balkrishna Jivnapurkar;
ii) To direct the official Respondents to remove the glaring pay anomaly and restore financial parity by stepping up the pay and Pay Level of the Applicants, namely Sh. Deepak Sharma, Sh. Rajeev Bhargava, and Sh. Rohit Bajpai, to Pay Level 12 of the 7th CPC Pay Matrix (Rs. 78,800-2,09,200/-) on the same corollary as extended to their junior officer, Sh. Sundeep Balkrishna Jivnapurkar, with effect from the date the junior was granted the said benefit, i.e., 27.08.2021, with all consequential service and financial benefits.
iii) To direct the official Respondents to refix the pay of the Applicants in the upgraded Pay Level 12 w.e.f. 27.08.2021 in accordance with the applicable pay fixation rules, and to compute, draw, and disburse all consequential arrears of pay and allowances accruing in favour of the Applicants from 27.08.2021 till the date of actual payment, along with the applicable rate of interest, within a time-bound period as this Hon'ble Tribunal may deem fit and proper.
And/Or
Any other relief which this Hon'ble Tribunal deems fit and prope may also be awarded to the Applicant.”
Learned counsel for the applicants submits that the applicants are aggrieved by the action of the respondents in not extending to them the benefit of the 2nd Financial Upgradation under the Modified Assured Career Progression (MACP) Scheme in Pay Level-12 of the 7th CPC, which, according to him, has already been granted to their admitted junior officers. He further submits that, in this regard, the applicants have submitted various representations dated 01.10.2024, 06.01.2025 and, lastly, dated 16.03.2026 (Annexure A-4). However, the said representations have not been considered or decided by the respondents till date. Learned counsel further submits that the applicants would be satisfied if a direction is issued to the respondents to consider and dispose of the latest representation dated 16.03.2026 (Annexure A-4), which is stated to be self--explanatory, by passing a reasoned and speaking order within a stipulated time frame.
Issue notice. H A Khan, learned counsel appears and accepts notice on behalf of the respondents. Learned counsel for the respondents seeks some time to obtain appropriate instructions.
In view of the limited prayer made, without entering into the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the representation of the applicants dated 16.03.2026 (Annexure A4) by passing a reasoned and speaking order, strictly in accordance with law, within a period of thirty 30 days from the date of receipt of a certified copy of this order.
The OA is disposed of in the aforesaid terms, without going into the merits, at the admission stage itself. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.