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Judgment
R.N. Singh, Member (J)
The aforesaid OA has been filed by the applicant seeking therein the following reliefs:-
"(a) Declare the whole action of the respondents as illegal, unjust, arbitrary and discriminatory in not releasing the full pay and allowances of the applicant for the suspension period and benefit of MACP Scheme.
(b) Direct the respondents to release the full pay and allowances to the applicant for the suspension period wef 09.08.2003 to 18.12.2008 in view of the order dated 12.01.2015 and grant the benefit of MACP Scheme on completion of 10/20/30 years of service respectively including all other financial benefits.
(c) Direct the respondents to fix the pay of the applicant in the appropriate pay scale and Grade Pay after granting the MACP and the applicant may be paid his arrears of Pay and Allowances alongwith interest @ 18% p.a. till payment.
(d) Direct the respondents to supply the due drawn statement in respect of the applicant.
(e) Issue any other order as may be deemed just and proper in the facts and circumstances of the case.
(f) Award Cost."
The applicant has filed the present MA 1072/2020 seeking condonation of delay in filing the aforesaid OA. In pursuance to the notice issued in the said MA to the respondents, they have filed their reply to the aforesaid MA and therein the respondents have stated as under:-
"4. That the respondents have decided to make the difference of the salary to the applicant during the suspension period. The copy of the due and drawn statement in this regard is annexed herewith a Ann. R-1. The actual arrears regarding the same will be paid to the applicant as soon as the required funds are available with the respondents.
That the case of the applicant for grant of the benefits of 3rd MACP is under process. After completing the relevant formalities, the case of the applicant for consideration of benefits of 3rd MACP will be placed before the screening committee."
In view of the averments made by the respondents in their reply to the said MA, referred to hereinabove, the present MA and OA are disposed of with direction to the respondents to make the payment of difference of salary to the applicant and also decide the claim of the applicant for grant of 3rd MACP and consequential benefits as expeditiously as possible and in any case within four months from the date of receipt of a copy of this Order.
It is made clear that if any of the grievances of the applicant survives, the applicant will be at liberty to agitate the same in accordance with the relevant rules and law on the subject, if so advised.
The MA and OA are disposed of in the aforesaid terms. Registry is directed to assign a number to the OA filed by the applicant. However, in the facts and circumstances, there shall be no order as to costs.