Suresh Kumar Kait, J.

1. Vide the present petition, the petitioners have challenged the order dated 22.09.2017 passed by the Central Administrative Tribunal, Hyderabad Bench in O.A.No.762 of 2012, whereby the application filed by the respondent, has been allowed.

2. Brief facts of the case are that the respondent was initially appointed as Cleaner in Group ‘D’ cadre on a temporary basis with effect from 15.4.1974 and confirmed in the said post vide order dated 24.02.1978. Subsequently, he applied for the post of time scale Driver at Vijayawada MMS unit and was appointed as such on 19.05.1980. On 31.01.1981, he was given change of cadre as Mechanic, P & T MMS unit, Vijayawada and was thereafter promoted to the cadre of Highly Skilled Artisan Grade II with effect from 01.08.1994. After introduction of MACP scheme, he was granted MACP-II Financial Upgradation with effect from 01.09.2008.

3. Further, the case of the respondent is that on completion of 30 years of service, he became due for MACP-III upgradation with effect from 19.5.2010. He submitted several representations to the petitioners. But, there was no response from them.

4. After considering the rival contentions of the parties, the learned Tribunal framed two issues as below:

(i) Whether the applicant’s appointment as MMS Driver on 19.05.1980 after selection by the DPC is by way of promotion or by way of direct recruitment.

(ii) Consequently, whether his date of entry into Government service has to be treated as 15.04.1974 or 19.05.1980 for the purpose of Financial Upgradation under MACP-III.

Finally, the learned Tribunal opined that the respondent’s date of entry into service in the petitioner-department has to be treated as 19.05.1980 and he would therefore become eligible for the purpose of financial upgradation under MACP-III on completion of 30 years of regular service as after 19.05.1980 he has earned only one promotion as MMS Mechanic Grade II and a further financial upgradation under MACP-II. Consequently, the Tribunal directed the petitioners herein to grant the Financial Upgradation under MACP-III with effect from 19.05.2010, within a period of three months from the date of receipt of the copy of the order.

5. The present petition is filed on the ground that the learned Tribunal ought to have seen that the normal promotional channel for Mail Motor Service Cleaners is Motor Vehicle Driver/MMS Mechanic Grade-III and then, to MMS Driver Grade-II/Mechanic Highly Skilled Artisan (HSA) Grade-II and then to MMS Driver Grade-I/Mechanic Highly Skilled Artisan (HSA) Grade-I. But in the present case, the learned Tribunal has erred in law in not considering the fact that the respondent has already earned three promotions/financial upgradations during his service as under:

Post Held	Pay Scale Rs.	Pay Drawn Rs.	Date from which drawn	Remarks
MMS Cleaner	196-3-220	195	15.04.1974	--
MMS Driver	260-400	260	19.05.1980	1st Promotion
Grade-III Mechanic	260-400	260	31.01.1981	No pay fixation [Hence not treated as promotion
Grade-II Mechanic	1200-1800	1260	01.08.194	2nd Promotion
Financial upgradation under MACP Scheme	5200-20200+2800 GP	11220+Grade Pay of Rs.2800	01.09.2018	3rd Promotion
Grade – I Mechanic	5200-20200+2800 GP	11220+ Grade Pay of Rs.2800	27.7.2010	No ay fixation. Hence not treated as promotion

6. The learned Assistant Solicitor General on behalf of the petitioners submits that if it is assumed that the respondent got selection as an outsider under Direct Recruitment Quota, it is not possible for him to get promotion to Grade III Mechanic on 31.01.1981 i.e., within one year from the date of his promotion as MMS Driver, and the said Grade-III Mechanic Promotion is possible only because of getting promotion un