AI Structured Summary
Not yet generated for this judgment
Judgment
Per: Mr. Braj Mohan Agrawal, Administrative Member
O.A No. 180/00410/2020
The applicants are civilians employees retired from Military Engineer Service (MES), who are aggrieved by denial of 3rd MACP financial benefit in the Grade Pay of ₹2800/-. The Applicants joined MES between 1977 to 1983 and retired between 2014 – 2018, after completing more than 30 years of service.
The applicants submit that on implementation of the 6th CPC by the Government of India, the pre-revised pay scales of ₹ 2550-3200/-, ₹ 2610-3540/-, ₹2610-4000/-, ₹ 2650-4000/- and Rs.2750-4400/- in respect of Group D employees were merged and replaced by the revised pay structure of grade pay of Rs.1800/- in the pay Band PB-1 (Annexure A-7/A-8). It is specifically stated at Para 5 of Annexure-I of Annexure-A8 that -
"Promotions earned/ upgradations granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under modified ACPS”
Accordingly, in consonance with Annexure-A8 and in consequence thereof the 4th respondent has ordered vide its letter dated 12.9.2014 (Annexure-A9) that Tradesman Mates who have completed 30 years of service and are eligible in all respects will get 3rd MACP benefits in the Grade Pay of ₹ 2800/- and also ordered to take necessary action in this regard.
Following Annexure-A9 order dated 17.09.2014, the applicants were included in the list of industrial personnel for grant of financial upgradation under MACP Scheme and was forwarded for placement in the higher Grade Pay of ₹2800/- with effect from their respective eligible due dates (Annexure-A10 dated 25.10.2015). But the actual pay fixation as per the proposed grant of Grade Pay of ₹2800/- was not done due to audit objections though similarly situated employees in other units were granted pay fixation benefits.
Applicants plead that on enquiry with the officials of the 1st and 2nd respondent, they were told that their cases were kept in abeyance by audit authorities for want of clarifications and the same will be paid to them on receipt of necessary clarifications from the concerned officials. Applicants claim is that they are fully eligible and qualified to be paid with 3rd MACP in GP ₹2800/-. They preferred representations (Annexures A-14, A-15 and A-16) in the year 2019 before the respondents to grant them 3rd MACP scheme upgradation benefits in GP ₹2800/- from their respective due dates at the earliest which were disposed of by Annexures A17 to A-20 letters dated 29.06.2019 by respondents stating that :-
"grant of 3rd MACP in the higher grade pay ₹2800/- is under audit objection and the matter has been taken up with higher HQ/Government for clarification and that on getting necessary clarification from Govt. grant of 3rd MACP will be reviewed as per your eligibility'
Aggrieved by non-grant of 3rd MACP in GP ₹2800/- the applicants approached the Tribunal and have sought the following reliefs:-
(a)Declare that the applicants are eligible and entitled to get their 3rd MACP scheme financial upgradation benefits in GP ₹2800/- as granted to their counter parts and similarly situated employees in Annexure-A11 and disburse to them the differences in arrears with 18% interest without fail at the earliest.
(b)Issue necessary directions to the Respondents to refix the pay and pensionary benefits of the applicants on grant of and disbursal of 3rd MACP upgradation financial benefits in Grade Pay ₹2800/-from their respective due dates and disburse to them all consequential monetary benefits, arising therefrom with 18% interest on the same since the year 2015 till date of disbursal of the same, at any rate, within a time limit to be fixed by this Tribunal.
(c)Issue necessary directions to the respondents to obtain the alleged clarification sought for on the audit objection, if any sought for forthwith and grant and disburse to the applicants 3rd MACP upgradation benefits in GP ₹2800/- as granted to the similarly situated employees in Annexure-A11, without any discrimination in the grant of 3rd MACP scheme financial benefits in GP ₹.2800/-, with all attendant monetary benefits arising therefrom, at the earliest.
(d)Issue necessary directions to the respondents to refix the pensionary benefits, including monthly pension of the applicants on grant of 3rd MACP upgradation financial benefits in GP ₹2800/- and disburse all consequential benefits arising therefrom to them at the earliest.
The respondents in their reply statement contend that the applicants have already achieved three financial upgradations as under :-
From the Grade Pay of ₹ 1,800/- to ₹1,900/- (1st financial upgradation)
From the Grade Pay of ₹1,900/- to ₹2,000/- (2nd financial upgradation)
From the Grade Pay of ₹2,000/- to ₹2,400/- (3rd financial upgradation)
The MACP Scheme envisages that Government servant should get three financial upgradations on completion of 10, 20 and 30 years of service and the Scheme will be admissible whenever a person has spent 10 years continuously in the same Grade. In the instant case, the applicants had already been sanctioned three financial up-gradations. The Hon'ble Apex Court has upheld the government policy that benefits under MACP are to be granted in the standard hierarchy of Grade Pays / Pay Matrix Levels and not in the promotional hierarchy (DoPT OM dated 23.03.2020/Annexure-R1).
The applicants filed rejoinder and plead that above contention of the Respondents that "in the instant case, the applicants had already been sanctioned three (03) financial upgradations as mentioned above' is highly misleading, distorted, mischievous and not fully correct and hence denied. The upgradation/financial benefits granted to the applicants have to be considered, in the light of Annexure-A7 to A13. In the light of Annexures-A7, A8, A9, A12 and A13 the applicants are eligible and entitled to be paid 3rd MACP upgradation financial benefits in GP of 2800/- from their due dates as granted in Annexure-A10 and as granted and paid to similarly situated tradesman in Annexure-A11, which is only an example not exhaustive. In Navy, Ezhimala as well, similarly situated tradesman like the applicants, were granted and paid 3rd MACP upgradation financial benefits in GP ₹2800.
The Respondents filed additional reply statement rebutting the averments made by the applicants in their rejoinder. Respondents reiterate that all legitimate dues as per entitlement have already been given to the applicants in the subject O.A. The Govt. order No 85610/47/ACP/IND(3)/Scheme/CSCC/79 dated 12 September 2014, attached as Annexure-A9, in the subject O.A has sybsequently been superseded vide para 4 of Govt. letter No 85610/47/ACP/Non-Ind/6th CPC/CSCC dated 11 Aug 2017 (Annexure-R-3). Annexure R-3 dated 11.08.2017 which superseded Annexure A-9 orders dated 12.09.2014 clarified as under:-
'It is clarified that Mate, Peon, Chowkidar and Safaiwala placed in PB-1 with Grade Pay of Rs. 1800/- are entitled for three financial upgradations under MACP Scheme on completion of 10, 20 and 30 years of service with Grade Pay of Rs. 1900/-, Rs.2000/- and Rs. 2400/- respectively. This has also been clarified earlier vide para 2(c) of this office letter No. 85610/47/ACP/IND(3)/Scheme/CSCC dated 17 Nov 2009'
O.A No. 180/00037/2023:-The Applicants in this OA are also civilian employees of Military Engineer Services (MES) who retired in the years 2020& 2021, in the grade Elect (HS-II) and Fitter Pipe (SK) respectively. These applicants are also aggrieved by denial of the benefit of 3rd MACP financial upgradation in the Grade Pay of ₹2800/- w.e.f. the year 2015 despite being eligible and entitled for such benefits as per the Government of India DOPT O.M. dated 19-05-2009.
The applicants submit that the subject matter of granting Grade pay of ₹ 2400/-under the old ACP Scheme on completion of 24 years of service and thereafter, granting 3rd MACP on completion of 30 years of service as per the new MACP scheme is kept in abeyance due to audit objection, despite earlier order dated 12.09.2014 (Annexure-A 9) which stipulates:-
(a)Erstwhile Mazdoors (Unskilled) and Tradesman Mates (Semi-Skilled) have now been merged and redesignated as Tradesman Mates.
(b)As per DoP&T OM No. 35034/3/2008-Estt(D) dated 19 May 2009 (para 5 of Annexure-1), promotions earned / upgradations granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales /upgradations of posts as per 6th CPC recommendations shall be ignored for the purpose of granting upgradations under Modified ACPs
The Applicants contend that in pursuance of Ministry of Defence/D(O-II) noting dated 11.06.2018, issued an office clarification letter dated 03.08.2018 whereby it was clarified by MOD that Tradesman Mate of Army Ordnance Corp (AOC) who opted for 6th CPC w.e.f. 01-01-2006, irrespective of the fact that he has not been promoted or already promoted to S-1 to S-3 Grade, completed 24 years of qualifying service during the period between 01-01-2006 to 31-08-2008 is eligible for upgradations in the Grade Pay of ₹ 2400/- as 2nd ACP and subsequently he may be granted Grade pay of ₹2800/-(3rd MACP) after completion of 30 years of qualifying service, if otherwise eligible (Annexure-A13 issued by Controller of Defence Accounts, Chennai office).
The applicant submit that that the Grade Pay under the ACP scheme must be fixed in the promotional hierarchy and therefore, the applicants were entitled to receive the next Grade pay of ₹2400/-from GP of ₹1900/- under ACP scheme irrespective of the conditions for regular promotion in view of the fact that ACP and MACP schemes are Time Bound promotions, Hence, there was no need in seeking one time relaxation from passing the Trade Test for granting the Grade Pay of ₹2400/-(Annexure A18/ OA 37/2023).
Aggrieved by denial of 3 MACP in GP of ₹2800/- the applicants approached this Tribunal and sought the following reliefs:-
(a)Declare that the applicants are eligible and entitled to get the benefit of 2nd ACP under the ACP scheme in the Grade Pay of ₹2400/-and 3rd MACP financial up gradation in the Grade Pay of ₹2800/- as per the date of their eligibility without any discrimination as similarly placed employees have already been granted such upgradation.
(b)Direct the respondents to refix the pay and pensionary benefits of the applicants on grant of 2nd ACP upgradations in the Grade Pay of ₹2400/- and 3rd MACP upgradations in the Grade Pay of ₹2800/- from their due dates and pay to them all consequential monetary benefits arising therefrom with 18% interest on the same since the year 2015 and till the payment of the same, within a time limit to be fixed by this Tribunal.
(c)Direct the respondents to take a decision on the pending audit objection as brought out in Annexures-A21(Colly) and Annexure-A22, against grant of 2nd ACP in Grade pay of ₹2400/- and 3rd MACP in Grade pay of ₹2800/- and further direct the respondents to grant the benefits to the applicants as prayed for in prayer clause (b) with all attendant monetary benefits arising therefrom without any discrimination at the earliest.
(d)Issue directions to the respondents to re-fix the pensionary benefits, including monthly pension of the applicants on grant of 2nd ACP in GP of ₹2400/- and 3rd MACP up gradation financial benefits in GP ₹2800/- and grant all consequential benefits arising therefrom, at the earliest.
The respondents filed reply statement and submit that 1 ACP was granted after 12 years service in 2002 and they were given 1 and 2 MACP financial upgradation with effect from 01.09.2008 GP ₹1900/- and ₹2000/- respectively. They were granted 3 MACP in the GP of ₹.2,400/- on completion of 30 years of service to 1 applicant on 11.01.2014 and 2 applicant on 18.02.2014. Respondents also submit that proposed financial upgradation (3 MACP) in the GP of ₹2800/- vide Annexure-A10 was held up for want of sanction for waiver of affected individuals.
As per DG Pers, E-IN-C's Branch, New Delhi letter No. 85610/47/ACP/ IND(3)/Scheme/CSCC/79 dated 17.09.2014, Tradesman Mates who completed 12 and 24 years of service upto 31 Aug 2008 will get the grade pay of ₹1900/- and ₹.2400/-under 1st and 2nd ACP respectively if they are eligible in all other respects I.e. promotion criteria, which includes fulfillment of prescribed promotional norms including passing of trade test of promotion post. Subsequently, DG Pers, New Delhi vide their letter No 85610/47/ACP/ Non-Ind/6th CPC/CSCC dt 11 Aug 2017 has issued another clarification duly superseding the above letter dated 17.09.2014. It clarified that Mate, Peon, Chowkidar and Safaiwala placed in PB-1 with grade pay of ₹.1800 are entitled for three financial upgradations under MACP Scheme on completion of 10, 20 and 30 years of service with grade pay of ₹.1900/-, ₹.2000/- and ₹.2400/-respectively.
The respondents further contend that Government of India, Ministry of Personnel, Public Grievances & Pensions, DoPT OM No. 22034/4/2020-Estt(D) dated 23.03.2020 mentions that the Hon'ble Apex Court, in its judgment dated 05.03.2020 has inter-alia set aside all the impugned orders of the High Courts in these batches of appeals arising out of several SLPs and the appeals preferred by the Union of India have been allowed. Consequently, the Apex Court has upheld the Government policy that benefits under MACPs are to be granted in the standard hierarchy of grade pays/pay levels and not in the promotional hierarchy
The Applicants filed rejoinder and submit that the they were eligible for grant of 2 financial upgradation (2 ACP) in the GP of ₹.2400/- corresponding to Pay Band of₹.5200-20200/- on completion of 24 years of service on 11.01.2008 and 18.02.2008 respectively. Therefore, the applicants are seeking grant of 2 financial upgradation under the old ACP scheme in GP ₹.2400/- in lieu of 2 MACP in GP ₹.2000/- as they are entitled for 2 financial upgradation in GP ₹.2400/- under old ACP scheme and thereafter they should have been given 3 financial upgradation under MACP in GP ₹.2800/- instead of ₹.2400/-.
The crux of the arguments of the applicant is since they have completed 24 years of service prior to 01.09.2008 (date of commencement of MACP scheme), they should have been considered for 2 financial upgradation under ACP scheme, thereby they should have been granted 2 financial upgradation in GP ₹2400/-. The applicants also plead that they cannot be faulted for failure of the respondents to conduct the Trade Test on time. The stand of respondents by issuing Annexure-R1 and R-3 letters seeking approval for waiver of Trade Test by the competent authority will serve no purpose. Respondents are required to grant 2 financial upgradation under ACP Scheme (GP ₹.2400/-) in lieu of 2 financial upgradation under MACP scheme (GP ₹.2000/-). Applicants also contend that since they have already retired from service it is practically not possible to conduct the Trade Test under the relevant Rules for retirees in granting 2 ACP in the Grade Pay of ₹2400/-. Applicants have placed reliance on judgement dated 26.02.2014 passed by Chennai Bench of the Tribunal in OA No.1170/2012, which was upheld by the Hon'ble High Court of Madras vide judgment dated 14.02.2017 in Writ Petition Nos.33946, 34602 and 27798 of 2014 and connected matters.
Shri P.K. Madhusoodhanan and Shri S. Sadasivan, learned counsel for the applicants and Shri Alfred Lionel Winston, ACGSC for Shri Brijesh A.S, ACGSC and Shri V.N. Mohanadasan, ACGSC for the respondents in OA No.410/20 and OA No.37/23 respectively, were heard at length on 25.03.2026 and 20.08.2026. Perused the records.
From the rival pleadings, the following two contentious issues emerge for adjudication:-
Applicability of ACP Scheme/MACP Scheme for grant of 2 financial upgradation
Applicable Grade Pay on 2 financial upgradation and subsequent 3 financial upgradation.
As per the service profile of the applicants, they joined between the year 15.01.1977 (Applicant No.4 in OA No.410/2020) and 18.02.1984 (2 Applicant in OA No.37/2023). Therefore, all of them completed 24 years of service prior to commencement of MACP Scheme with effect from 01.09.2008. As per the ACP Scheme {OM No.35034/1/97-Estt(D) dated 09.08.1999, Annexure-A19 in OA No.37/2023}, they were entitled for 1 and 2 financial upgradation on completion of 12 years and 24 years of service provided they fulfil conditions for grant of benefit under ACP scheme stipulated therein.
During the proceedings in the Original Applications, a communication No.85610/47(MACP)/Scheme/IND(3)/CSCC from Military Engineer Services Headquarters dated 27.03.2025 dealing with grant of 3 MACP to tradesman mate directing settlement of the issues in terms of 4 orders mentioned therein, to be followed for granting financial upgradation was produced. During the hearing on 25.03.2026, the respondents produced a statement stating that none of the applicants were granted 2 ACP in GP of ₹.2400/-, whereas, learned counsel for the applicants claim that applicants were granted 2 financial upgradation in GP Rs.2400/-. Considering the rival contentions, the respondents were directed to produce relevant copies of service records of the applicants detailing financial benefits granted to each of them under the ACP/MACP Scheme, which was produced subsequently by the respondents.
Learned counsels both for the applicants as well as respondents are expected to assist the Tribunal in adjudication. We find that the submission of the respondents in OA No.37/2023 is incoherent and only a draft reply statement prepared by the respondents has been submitted as final reply on behalf of the respondents. Concise and tabular statement in respect of service records will substantially help the Bench in adjudicating the claim, especially in respect of ACPs/MACPs benefits related claims/counter claims.
On perusal of service records , we find that all the applicants were granted financial benefit on completion of 12 year of service in the pay scale of ₹2650-65-3300-70-4000/- (Grade S-3 of 5 CPC) under ACP Scheme. Thereafter, all the applicants were granted 2nd financial upgradation in the pay scale of ₹3050-75-3950-80-4590 (Grade S-5 of 5th CPC) under ACP Scheme corresponding to GP ₹.1900/- in PB-1 (6th CPC) prior to commencement of MACP Scheme on 01.09.2008. Consequent on implementation of the 6th CPC by the Government of India, the pre-revised pay scales of ₹ 2550-3200/-, ₹ 2610-3540/-, ₹2610-4000/-, ₹2650-4000/- and ₹2750-4400/- (Grade S-1 toS-4) in respect of Group D employees were merged and replaced by the revised pay structure of grade pay of ₹1800/- in the pay Band PB-1. Para 5 of Annexure A-I of Annexure-A8 (DoPT OM No.35034/3/2008-Estt. (D) dated 19.05.2009) regarding MACP Scheme, is produced below:
"5.Promotions earned/ upgradations granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under modified ACPS”
We observe that in terms of DoPT OM dated 16.11.2009, which stipulates as under:-
“As per the recommendations of Sixth CPC, Government servants in these four pre-revised Group 'D' scales have been granted the Group 'C' revised pay structure of grade pay of Rs.1800 in the pay band PB-1. It has been decided on the analogy of point-5 of Annexure-I of MACPS dated 19.05.2009 that promotions earned or upgradations granted under ACP Scheme of August, 1999 in the past to the four pay scales mentioned above, which now carry the grade pay of Rs. 1800/- shall be ignored for the purpose of MACPS. However, promotions/financial upgradations earned by existing Group 'D' employees to grade pay of Rs. 1900 (pre-revised scale of Rs.3050-75-3590-80-4590) shall be counted for the purpose of MACPS.” all the applicants were granted 1st and 2nd MACP in GP of ₹1900/- and ₹2000/-, which cannot be interefered with.
However, the applicants claim that they should have been granted 2nd ACP in GP ₹2400/- in the promotion scale of highly skilled employee. As per the ACP Scheme para 7 of Annexure-AII of Annexure-A19 {OM No.35034/1/97-Estt(D) dated 09.08.1999} relevant Standard/Common Pay Scales, with corresponding 6th CPC are produced below:-
| S. No. | Revised pay-scales (Rs.) 5th CPC | Corresponding pay scale -6th CPC | ||
| Grade | Pay Scale | Pay Band | Grade Pay | |
| 1 | S-1 | 2550-55-2660-60-3200 | -1S | Rs.1300/- |
| 2 | S-2 | 2610-60-3150-65-3540 | -1S | Rs.1400/- |
| 3 | S-3 | 2650-65-3300-70-4000 | -1S | Rs.1650/- |
| 4 | S-4 | 2750-70-3800-75-4400 | PB-1 | Rs.1800/- |
| 5 | S-5 | 3050-75-3950-80-4590 | PB-1 | Rs.1900/- |
| 6 | S-6 | 3200-85-4900 | PB-1 | Rs.2000/- |
| 7 | S-7 | 4000-100-6000 | PB-1 | Rs.2400/- |
The applicants were given 1st ACP in S-3(₹2650-4000) and thereafter, 2nd financial upgradation in S-5 (₹.3050-4590). The 1st applicant in OA No.37/2023, had passed trade test for skilled grade only on 17.07.2007, not in Highly Skilled Grade. He has passed trade test for Highly Skilled Grade (II) much later and promoted on 31.01.2018 to HS-II Grade. The 2nd applicant passed trade test for skilled grade only in October 2016.
As per service records, all the applicants were placed in the promotional scale of skilled grade of Rs.3050-4590 (S-5) under 2nd financial upgradation under ACP, corresponding to ₹1900/- Grade Pay of 6th CPC, which cannot be ignored by respondents in terms of DoPT OM dated 16.11.2009.
The foundation of the claim of the applicants for 3rd financial upgradation to ₹2800/- Grade Pay is Annexure-A9 letter dated 12.09.2014, para 2 & 3 of which are reproduced:-
2.The matter has been examined at this end and following facts are offered :-
(a)Erstwhile Mazdoors (Unskilled) and Tradesman Mates (Semi-Skilled) have now been merged and redesignated as Tradesman Mates.
(b)As per DoP&T OM No. 35034/3/2008-Estt(D) dated 19 May 2009 (para 5 of Annexure-1), promotions earned / upgradations granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales /upgradations of posts as per 6th CPC recommendations shall be ignored for the purpose of granting upgradations under Modified ACPS.
(c)As old ACP was granted in the pay scale of the next promotional post in the hierarchy, Tradesman Mates who have completed 12 and 24 years of service upto 31 Aug 2008 will get the grade pay of Rs. 1900/- and Rs. 2400/- under 1st and 2nd ACP respectively if they are eligible in all respects
(d)Naturally, such Tradesman Mates will get the grade pay of Rs. 2800/- as 3rd MACP w.e.f. 01 Sep 2008.
3.In view of above facts, Tradesman Mates who have completed 30 years of service and are eligible in all respects, will get 3rd MACP benefits in the grade pay of Rs. 2800/-. It may however be noted that MACP benefits will be effective only from 01 Sep 2008 as per above DoP&T O.M.
In compliance of this Annexure-A9 letter, the applicants were included in the list of industrial personnels for grant of 2nd and 3rd financial upgradation under MACP scheme in GP ₹2400/- and GP ₹2800/- respectively with effect from their respective eligible due dates. But the actual pay fixation as per proposed grant of GP ₹2400 /- and GP ₹2800 /- was not done.
We find that this Annexure-A9 letter dated 12.09.2014, the very foundation of their claim of GP of Rs.2800/- by way of 3rd financial upgradation was subsequently withdrawn and superceeded by Annexure-R3 letter dated 11.08.2017. Annexure-R-3 clearly states as under:-
“2.It is intimated that earlier pay scale of Rs. 2550-3200, 2610-3540, 2610-4000 and 2650-4000 were being drawn by Mazdoor/Peon/Chowkidar/S'wala/ in 5th CPC. These have been upgraded and replaced by the revised pay structure of grade pay of Rs. 1800/- in the pay band PB-1 in 6th CPC. In this connection reference is drawn to point No. 5 of Annexure-I of DoP&T letter No. 35034/3/2008-Estt(D) dt 19 May 2009, in accordance to which promotions earned or upgradations granted under ACP Scheme of Aug 1999 in the past to the four pay scales mentioned above (now the Grade Pay of Rs. 1800/-) shall be ignored for the purpose MACP.
3.It is clarified that Mate, Peon, Chowkidar and Safaiwala placed in PB-1 with Grade Pay of Rs. 1800/- are entitled for three financial upgradations under MACP Scheme on completion of 10, 20 and 30 years of service with Grade Pay of Rs. 1900/-, Rs.2000/- and Rs. 2400/- respectively. This has also been clarified earlier vide para 2(c) of this office letter No. 85610/47/ACP/IND(3)/Scheme/CSCC dated 17 Nov 2009.”
Reliance of applicants on Annexure-A13 dated 11.06.2018 will not further their cause, as Annexure-A13 relates to Tradesman Mate of Army Ordnance Corp, whereas applicants are working under MES. Rules relevant to MES and OMs/Circulars issued by nodal Ministry i.e. DoPT shall only hold the field.
We also find from the service records that the 2nd financial upgradation in Grade Pay of ₹2400/- and 3rd financial upgradation in Grade pay of ₹2800/-granted to them vide Annexure-A9 were not actually implemented and financial benefits were not granted. Therefore, there was no recovery from any of the applicant by subsequent orders limiting their 2nd financial upgradation to Grade Pay ₹2000/- and 3rd financial upgradation in Grade Pay ₹2400/- in terms of Annexure-R3 letter dated 11.08.2017.
We note that all the applicants were given promotional grade pay scale as 2nd ACP financial benefit in the skilled category in Grade S-5 (Pay scale ₹ 3050-4590/-) 5th CPC, corresponding to PB-1 GP ₹1900/- of 6th CPC. In terms of MACP scheme consequent upon merger of erstwhile Group D pay scales from S-1 to S-4 in GP Rs.1800, the financial benefits in GP Rs.1900/- cannot be ignored by the respondents in terms of DoPT OM dated 16.11.2009 and which has been clarified again by MES Headquarters in recent communication dated 27.03.2025 and accordingly applicants were granted 2nd and 3rd financial upgradation in GP of ₹2000/- and ₹2400/-.
All the applicants have received three financial upgradation in their service as per ACP/MACP schemes in force, we find no merit in both the OAs and therefore none of the reliefs sought by the applicants can be granted. OA Nos.410/2020 and 37/2023 are dismissed. No order as to costs.
