B.V. Nagarathna, J.

This writ petition is listed for orders. However, with consent of learned counsel for Union of India and Postal Department and learned counsel for the respondent it is heard finally.

2. Petitioners-Union of India and Postal Department have assailed order dated 22.11.2017 passed in O.A. No.170/00898/2016, a copy of which is at Annexure-A. By the said order, the Central Administrative Tribunal (hereinafter referred to, as “the Tribunal” for the sake of convenience) has allowed the original application by holding that the appointment of the applicant to the post of Postal Assistant based on the Limited Departmental Competitive Examination cannot be considered to be a promotion but a case of direct recruitment. That since the applicant has got two financial upgradations one under Time Bound One Promotion (TBOP) on completion of sixteen years and Biennial Cadre Review Scheme (BCRS) on completion of twenty six years in the Postal Assistant cadre, she would be entitled to 3rd Modified Assured Career Progression Scheme (hereinafter referred to as “MACP-III”, for the sake of convenience) benefits on completion of thirty years of service as a Postal Assistant with effect from 01.09.2008 or a later date. Accordingly, a direction was issued to the petitioners herein to issue necessary orders granting the applicants the 3rd financial upgradation under MACP-III on completion of thirty years of service as Postal Assistant or with effect from 01.09.2008 or from the applicable date, within a period of two months from the date of receipt of a copy of the said order. A further direction was issued to the petitioners herein to release all the consequential benefits within the said period.

3. The respondent herein was appointed as Departmental Staff Vender (DSV)/Postman(Post Woman) on selection with effect from 25.10.1973. Thereafter, she appeared for the Limited Departmental Competitive Examination (hereinafter referred to as “departmental test”, for the sake of convenience) and was appointed as Postal Assistant on 25.03.1978. The department extended financial upgradation (TBOP) on completion of 16 years of her service with effect from 27.03.1994 and thereafter she was extended the benefits under BCRS on completion of 26 years of service. Subsequently, Government of India introduced Modified

Assured Career Progression Scheme (MACP) to the Central Government employees with effect from 01.09.2008. As per the said scheme, every employee would be eligible for three financial upgradations after completion of 10/20/30 years of service. The petitioner Department adopted the same by replacing the TBOP/BCR scheme with effect from 01.09.2008.

4. When the matter stood thus, respondent made a representation on 09.01.2016 for grant of MACP-III on completion of 30 years of service in Postal Assistant cadre by contending that denial of the same had caused financial loss and injustice to her. It was contended that the Tribunal at Jodhpur and other Tribunals had granted such reliefs. Since the same was not extended to her, she approached the Tribunal seeking relief of extension of MACP-III benefits to her also. The same was resisted by the petitioners herein. It was contended that the respondent had appeared in the departmental test and had been promoted as a Postal Assistant and thereafter, she had been accorded benefits under the TBOP scheme and BCRS and grant of further benefits under MACP would not arise. However, the Tribunal by the impugned order has issued the aforesaid direction. Being aggrieved, the Union of India and Postal Department have assailed the same before this Court.

5. We have heard learned counsel for the petitioners and learned counsel for the respondent and perused the material available on record.

6. During the course of his submission, petitioners’ counsel drew our attention to Indian Posts and Telegraphs (Time Scale Clerks and Sorters) Recruitment Rules, 1971 and contended that under the said Rules, filling up of the