AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
By Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)
The instant Original Application has been filed u/s 19 of the Administrative Tribunal Act, 1985 seeking following reliefs :-
….. “8.1 This Hon'ble Tribunal may graciously be pleased to issue a writ order or direction in the nature of certiorari quashing the impugned orders dated 14.08.2015, 01.12.2010, 13-12-2010 and 20.06.2011 (Annexure A-I, A-2, A-3 and A-4 to the OA) to the extent it treats Grade Pay Rs. 2800 as promotion and reduced the grade pay of the applicant to Rs. 4200/- from grade pay Rs. 4600/- with all consequential benefits as if the applicant was never reduced from grade pay Rs. 4600/-.
8.2This Hon'ble Tribunal may graciously be pleased to issue a writ order or direction in the nature of mandamus directing the respondents to grant the 3rd Financial up- gradation to the applicant in the grade pay Rs. 4600/ with effect from the completion of 30 years of his service with all consequential benefits.
8.3This Hon'ble Tribunal may further be pleased to pass such other order or direction as may be deemed fit and proper under the facts and circumstances of the present case.
8.4This Hon'ble Tribunal may further be pleased to award the cost of the Original Application to the applicant.”
The brief facts of the case as narrated by the applicant, are that he entered into service in 1981 and is entitled for 3rd MACP in the Grade Pay of Rs. 4600/- after completion of 30 years of service on 27.01.2011. This was allowed to him on 27.01.2011 but vide order dated 14.08.2015, his grade pay of Rs. 4600 would be reduced to Rs. 4200/- without any reason. The applicant has neither misrepresented any fact nor was instrumental in his pay fixation. The applicant was allowed first promotion on 01.07.1991 in corresponding Grade Pay of Rs. 2400/- and he was placed in the Grade Pay of Rs. 2800/- on 20.05.2003. The second promotion was allowed to the applicant to the post of Chargeman-II/Civil with effect from 07.06.2004 in Grade Pay of Rs. 4200/- and 3rd financial upgradation was allowed in the Grade Pay of Rs 4,600/- with effect from 27.01.2011 after completion of 30 years of service. A show cause notice was given to the applicant on 30.06.2015 stating therein that he was not entitled for Grade Pay of Rs. 4600/- granted to him with effect from 27.01.2011 as Grade Pay of Rs. 2800/- was granted to him and the applicant had availed 3rd promotion in Grade Pay of Rs. 4200/-. He had submitted his reply on 20.07.2015 to the show cause notice clarifying all the legal and factual aspects. His reply dated 20.07.2015 was not taken into account while passing the order dated 14.08.2015. He further submits that placement in the Grade Pay of Rs. 2800/- was to be ignored for the purpose of ACP. The Ministry of Defence issued a circular on 06.02.2014 regarding restructuring of cadre of Artisan staff in which it is clearly provided that :-
“the Highly Skilled Workers/MCM who were already drawing the pay Scale of Chargeman (Rs. 5000-8000) viz the promotion post up to 31.12.2005 under ACPS may be considered for further financial upgradation if due in the next grade Pay Rs.4600 in the hierarchy of Grade Pays.” In the Ministry of Defence I.D. dated 06.12.2014, it has been clarified that since the post of MCM was not in the hierarchy of Artisan staff cadre up to 31.12.2005, the HS/MCM who are already drawing the pay scale of Chargeman (5000-8000) namely the promotion post of 31.12.2005 under ACPs may be considered for further financial upgradation if due in the next Grade Pay of Rs. 4600 in the hierarchy of Grade Pays. Therefore, there was no occasion for the respondents for reducing the Grade Pay of the applicant to Rs. 4200/- from Rs. 4600/-. MACP scheme came into existence with effect from 01.09.2008 and the applicant was legally entitled for Grade Pay of Rs. 4600/- under 3rd financial upgradation. The Grade Pay of Rs. 2800/-was introduced under restructuring by changing the ratio giving relaxation as one time measure without shouldering any higher responsibility and as such, the same will not come under the ambit of promotion. Under the new MACP Scheme, the employee is entitled for three financial upgradations after completion of 10, 20 and 30 years of service. He further states that the respondents have wrongly interpreted the MACP Scheme and they had rightly allowed Grade Pay of Rs. 4600/- as 3rd financial upgradation, which cannot be denied as the applicant has completed 30 years of regular service.
In the counter affidavit filed on behalf of the respondents, it is stated that Modified Assured Career Progression Scheme (MACP) was introduced with effect from 01.09.2008 in place of earlier ACP Scheme. As per MACP Scheme, there shall be three financial upgradation under the Scheme counted from the direct entry grade of completion of 10, 20 & 30 years of service respectively. Financial upgradation under the scheme will be admissible whenever a person has spent 10 years continuously in the same Grade Pay. MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the highly recommended revised pay bands and Grade Pays. The applicant was promoted to the post of Chargeman/Civil with effect from 07.06.2004 in the Grade Pay of Rs. 4200/- from the Master Craftsman (Grade Pay of Rs. 2800/-) as such, the applicant was not eligible for 3rd financial upgradation in the Grade Pay of Rs. 4600/-. Therefore, his case was reviewed and the financial upgradation granted under 3rd MACP Scheme in the Grade Pay of Rs. 4600/- on completion of 30 years of service was cancelled. He is not eligible for 3rd financial upgradation in the Grade Pay of Rs. 4600/- as three promotions and upgradations have already been granted to him and details of which are reproduced below:-
| 1 | Appointed as Painter 'C' | w.e.f.27-01-1981 | Grade Pay Rs. 1800/- |
| 2 | Scale Revised | w.e.f.15-10-1984 | Grade Pay Rs.1900/- |
| 3 | Promoted to Painters HS-II | w.e.f.01-07-1991 | Grade Pay Rs.2400/- |
| 4 | Placement/Promotion to MCM | w.e.f.20-05-2003 | Grade Pay Rs.2800/- |
| 5 | Promoted to CM-II/Civil | w.e.f.07-06-2004 | Grade Pay Rs. 4200/- |
In compliance of the interim Protection granted to the applicant vide order dated 26.11.2015, Grade Pay of Rs. 4600/- has been restored on 04.12.2015. 4. In the rejoinder affidavit, the applicant has reiterated his submissions. It is again stated that Grade Pay of Rs. 2800/- was only placement and not a promotion which was allowed to the applicant on 20.05.2003. Hence, there was no third promotion to the applicant in Grade Pay of Rs. 4600/-. The applicant states that it is incorrect to say that up to Grade Pay of Rs. 4200 allowed to the applicant, he has been allowed three promotions.
Submissions of Shri S K Pandey, learned counsel for the applicant and Shri Ram Chandra Sahu as well as Shri Manoj Kumar Sharma, learned counsel for the respondents have been heard and records have been gone through.
There is no dispute over the basic facts regarding promotion and upgradation of the applicant in service which are as under:-
| 1 | Appointed as Painter 'C' | w.e.f.27-01-1981 | Grade Pay Rs. 1800/- |
| 2 | Scale Revised | w.e.f.15-10-1984 | Grade Pay Rs.1900/- |
| 3 | Promoted to Painters HS-II | w.e.f.01-07-1991 | Grade Pay Rs.2400/- |
| 4 | Placement/Promotion to MCM | w.e.f.20-05-2003 | Grade Pay Rs.2800/- |
| 5 | Promoted to CM-II/Civil | w.e.f.07-06-2004 | Grade Pay Rs. 4200/- |
The applicant has been seeking his upgradation under the MACP Scheme after completion of 30 years of service. The MACP scheme was introduced with effect from 01.08.2009. The 3rd upgradation under MACP Scheme was allowed to the applicant in the Grade Pay of Rs. 4600/- on 27.01.2011, which was reviewed and a show cause notice was issued on 30.06.2015 stating that the upgradation of the applicant in the Grade Pay of Rs. 4600/-was not admissible to him as he had already been granted following three promotions/upgradations:-
(i)From grade pay of Rs. 1900/- to grade pay of Rs. 2400/-.
(ii)From grade pay of Rs 2400/- to grade pay of Rs. 2800/-.
(iii)From grade pay of Rs 2800/- to grade pay of Rs. 4200/-. After receipt of his reply, the order granting him financial upgradation in Grade Pay of Rs. 4600/- was cancelled. From perusal of the MACP Scheme annexed at page 31 of the Counter Affidavit, it is seen that there shall be three financial upgradations under MACP Scheme counted from the direct entry Grade on completion of 10, 20 and 30 years of service respectively. The financial upgradation in this scheme will be admissible whenever a person has spent 10 years continuously in the same grade pay. The MACP scheme was introduced with effect from 01.09.2008.
It is seen that upgradations under the scheme are admissible if a person has spent 10 years continuously in the same Grade Pay. It is also seen that the applicant was promoted in the Grade Pay of Rs. 2400/- with effect from 01.07.1991. This is his first promotion. Subsequently, he was placed in the Grade Pay of Rs. 2800/- with effect from 20.05.2003, which is his second upgradation. Thereafter, he was promoted in the Grade Pay of Rs. 4200/- with effect from 07.06.2004 which is his 3rd upgradation. Therefore, the applicant is not eligible for any further upgradation under MACP Scheme. The MACP Scheme provides for only 3 upgradations during the service of a person. The applicant has already received three promotions/upgradations till 2004 in his service. Therefore, the relief sought by the applicant is not admissible and the Original Application is dismissed being devoid of merit.
Interim Relief, if any, stands discharged.
No order as to costs.