Shri Venkateshachar vs Union Of India & Ors.

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

Facts in brief as narrated by the applicant are that he joined respondent department as Chowkidar on 15.04.1985 on temporary basis. Further the applicant was appointed as Jobber on the recommendation of the Departmental Promotion Committee on regular basis vide order dated 10.03.1993. Further, he was promoted to the post of Skilled Worker on regular basis vide order dated 13.11.1998 issued by the Respondent No.2. He was promoted to the post of Assistant Craftsman vide order dated 29.05.2006 issued by the Respondent No.2. Consequent on the promotion order, the applicant’s pay was fixed at Rs.4000/- in the minimum pay scale of Rs.4000-100-6000/- with effect from 31.05.2006 under FR 22 (1)(a)(1) with the date of next increment on 01.05.2007. The applicant has submitted a representation dated 18.11.2020 to the Respondent No.3 and requested for grant of III MACP. He retired from service on attaining the age of superannuation on 30.06.2021. The III MACP benefit was not granted, the applicant again submitted three reminders dated 09.05.2022, 24.06.2022 and 28.10.2022, but to no avail. Hence this OA.

Learned Counsel Shri Raghavendra Hebbar K., representing the applicant submitted that though the applicant is eligible to get III MACP as on 01.06.2016 (date of completion of 10 years from the second promotion), the respondents have failed to take necessary action for granting III MACP. The respondents cannot claim that the applicant has already been given all consequential benefits of promotion from the post of Jobber to Skilled Worker and Assistant Craftsman, as no MACP benefits has been given on completion of 10 years from the date of second promotion i..e, 31.05.2006. Our attention was drawn to Clause-B of the Illustrations to Para-28 of the MACP Scheme dated 19.05.2009 (Annexure A16).

Learned Counsel Smt. P.K.Praneshwari representing the respondents referring to the reply statement filed, submitted that the applicant was appointed on regular basis as Jobber only with effect 19.03.1993 i.e., the reckoning date for grant of MACPs. He got two promotions in his career. He became due for 3^rd Financial upgradation under MACP Scheme with effect from 19.03.2023. Since he retired on superannuation with effect from 30.06.2021, the benefit of III MACP could not be extended to him. The applicant has completed only 28 years and 3 months of regular service based on his direct appointment to the post of Jobber with effect from 19.03.1993. However, his past service rendered in the post of Chowkidar was considered for retirement benefits only, as per prevailing Government orders. Further, learned Counsel fairly submits that Clause-B of Illustrations to Para-28 of the MACP Scheme dated 19.05.2009, is applicable to the applicant’s case.

Having heard the learned Counsel appearing for the parties and perusing the material on record, the sole question that arises for our consideration is, whether the applicant is entitled to III MACP benefits in terms of Clause-B of Illustrations to Para-28 of the MACP Scheme vide Office Memorandum dated 19.05.2009 issued by the Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training)?

It is not in dispute that the applicant got his first promotion as Skilled Worker on 13.11.1998 and consequent promotion as Assistant Craftsman on 29.05.2006.

Clause-B of Illustrations provided in Annexure-I to the MACP Scheme vide OM dated 19.05.2009 reads thus:

We have specifically posed a question to the learned Counsel appearing for the respondents to point out whether the applicant fall under Clause B or C of the said Illustrations, to which learned Counsel for the respondents candidly, on instructions, submits that Clause-B is applicable to the present case. In terms of Clause-B, if two promotions are earned before completion of 20 years, only 3^rd financial upgradation would be admissible on completion of 10 years of service in Grade Pay from the date of 2^nd promotion or at 30^th year of service, whichever is earlier. That being so, the stand of the department that the applicant has not completed 30 years of regular service as he was directly appointed to the post of Jobber on 19.03.1993, hence his case could not be considered for III MACP, is wholly misconceived. The said Clause-B provides two options – (1) On completion of 10 years of service in Grade Pay from the date of second promotion or (2) at 30^th year of service, whichever is earlier.

Indisputedly, the applicant has completed 10 years of service from the date of second promotion i.e., on 29.05.2016 (second promotion on 29.05.2006). He might not have completed 30 years of regular service as on the date of his retirement i.e., on 30.06.2021, but the same would not disentitle the applicant for grant of III MACP benefit since what has to be seen is, 10 years of service from the date of second promotion or at 30^th year of service, whichever is earlier. The earlier date would be 10 years of service from the date of second promotion, the same being earlier to 30^th year of service. As the applicant has earned second promotion before completion of 20 years from 19.03.1993, the first promotion being 13.11.1998 and second promotion on 29.05.2006, he is entitled for III MACP w.e.f. 29.05.2016. Hence the OA succeeds. Accordingly, we pass the following: