WP. No11535 of 2014, decided in the High Court of Madras, whereby the court delivered the judgment on 16.10.2014, and held as follows;
The writ petition is directed against the order dated 22 July 2013 in original application No.280 of 2012, whereby and where-under, the Madras Bench of the Central Administrative Tribunal [CAT] was pleased to quash the orders dated 05.09.2011 and 27 December 2011 on the file of the Director, Directorate of Enforcement and the Joint Director, Directorate of Enforcement, New Delhi, respectively and issued a consequential direction to restore the earlier orders dated 17th November 2009 and 21st January 2010 granting third financial up-gradation under the MACPS with Grade Pay of Rs.6600/- in the Pay Band-3 (PB-3 in short) and to re-fix the pension amount appropriately.
The grade pay in this case was initially granted on non-financial basis. The grade Pay of Rs.5400/- in PB-2 being non functional scale, the same cannot be a functional grade to Assistant Director –II, who got promotion from the post of Enforcement Officer .
The writ petition is directed against the order dated 22 July 2013 in original application No.280 of 2012, whereby and where-under, the Madras Bench of the Central Administrative Tribunal [CAT] was pleased to quash the orders dated 05.09.2011 and 27 December 2011 on the file of the Director, Directorate of Enforcement and the Joint Director, Directorate of Enforcement, New Delhi, respectively and issued a consequential direction to restore the earlier orders dated 17th November 2009 and 21st January 2010 granting third financial up-gradation under the MACPS with Grade Pay of Rs.6600/- in the Pay Band-3 (PB-3 in short) and to re-fix the pension amount appropriately.
The grade pay in this case was initially granted on non-financial basis. The grade Pay of Rs.5400/- in PB-2 being non functional scale, the same cannot be a functional grade to Assistant Director –II, who got promotion from the post of Enforcement Officer .
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