Back
2018 Supreme(Pat) 632
IN THE HIGH COURT OF JUDICATURE AT PATNA
AJAY KUMAR TRIPATHI, NILU AGRAWAL, JJ.
Awadhesh Kumar Singh, Son of Late Tribhuwan Singh - Petitioners
Versus
The Union of India through the Director General of Post, Ministry of Communication & I.T., and Ors. - Respondents
Civil Writ Jurisdiction Case No. 18035 of 2017
Decided On : 09-01-2018
For the Petitioners: Mr. Munna Pd. Dixit (M.P. Dixit), Mr. S.K. Dixit, Mr. Sanjay Kumar Choubey, Mrs. Swastika, Mr. Shailendra Kumar, Mr. Sunil Kumar
For the Respondents: Mr. S.D Sanjay
An employee who has earned multiple promotions may not be entitled to the benefit of M.A.C.P. or pay upgrade at par with juniors.
Headnote:
M.A.C.P. - Central Administrative Tribunal - The court upheld the decision of the Central Administrative Tribunal to dismiss the petitioner's claim for the benefit of 3rd M.A.C.P. based on the petitioner's progression and promotions, concluding that the petitioner had no case for the grant of M.A.C.P. benefit or pay upgrade at par with his juniors.
Fact of the Case:
The petitioner challenged the order of the Central Administrative Tribunal Patna Bench, Patna, which dismissed the petitioner's claim for the benefit of 3rd M.A.C.P.
Finding of the Court:
The court upheld the dismissal of the petitioner's claim, stating that the petitioner had earned three promotions and therefore had no case for the grant of M.A.C.P. benefit or pay upgrade at par with his juniors.
Issues: The issue was whether the petitioner was entitled to the benefit of 3rd M.A.C.P. or pay upgrade at par with his juniors.
Ratio Decidendi: The court concluded that the petitioner had no case for the grant of M.A.C.P. benefit or pay upgrade at par with his juniors due to having earned three promotions.
Final Decision: The writ was dismissed for lacking merit.
AJAY KUMAR TRIPATHI, J.
Heard learned counsel for the petitioner as well as learned Additional Solicitor General representing the Union of India.
2. The petitioner in the present writ application is challenging the order dated 12.02.2016 passed in O.A. No. 891 of 2012 by the Central Administrative Tribunal Patna Bench, Patna.
3. Since the O.A. has been dismissed and the Tribunal has refused to give any direction for grant of benefit of 3rd M.A.C.P. to the petitioner, the said decision has been assailed through this writ application.
4. The Tribunal after considering the various contentions has crystallized its decision in the following terms which emerges from paragraph-5 of the said decision. The same is reproduced herein for ready reference.
“Heard the parties and considered their submissions/arguments/documents. The facts/ views which emerge are as below:-
(a) It is clear from perusal of memo dated 29.04.1967 (Annexure-A/1) that the applicant was “appointed as Boy Messenger” and that his appointment was clearly against a vacant post and “on permanent basis.” As such, any submission of the applicant, contrary to the fact, is not tenable.
(b) It is also clear from perusal of documents at Annexure-A series, that the applicant was promoted to the next level of Postman/Village Postman on the basis of his success in a departmental examination. That being the case, the submissions of the applicant, contrary to this factual position, is not admissible. Further, it is clear from records that this upward movement of the applicant was a promotion.
(c) It is apparent from the O.M. dated 18.09.2009, relating to the MACP Scheme that, under para 13, that “No stepping up of pay in the pay band or grade would be admissible with regard to junior getting more pay that the senior on account of pay fixation under MACP Scheme. “That being that case, the prayer of the applicant that his pay should be fixed to ensure pay parity with junior officials is clearly not admissible. It is also noted that the juniors referred herein are not similarly placed as the applicant and entered service by a different route.
(d) That, in the above context, it clearly emerges that the submissions of the respondents is are entirely correct. That the applicant has already benefited from three promotions. In other words, he has been promoted from Boy Messenger to Postman, from Postman to Postal Assistant and has received a financial upgradation/promotion under the TBOP scheme after 16 years of regular service. As such, the claim of another financial upgradation/promotion is not admissible under the MACP Scheme.
(e) That the applicant has lived with the benefits granted to him through-out his entire service as also after introduction of MACP Scheme and has raised this issue only after his retirement on 31.01.2011. Further, that the submissions and claims of the applicant in this OA clearly arise from a misconception about applicable rules/guidelines, if not from deliberate misinterpretation or obfuscation. Further, that this is clearly apparent from substantive documents and the explicit rules governing the MACP Scheme.”
5. Submission of the counsel for the petitioner is that the Tribunal has committed wrong in reaching such a conclusion because in similar circumstances in matter which arose before the Madras High Court a copy of the order of the said High Court has been annexed as Annexure-2 benefit had been extended to the employee and the writ application of the Union of India was dismissed. The attention of this Court has been drawn to paragraph-7 of the said order which is at page 28.
6. The comparative analysis of the factual position of the petitioner’s progression and that of a person before the Madras High Court indicates that when this petitioner was granted benefit under the T.B.O.P. Scheme he had already been granted a higher pay scale of Rs. 4500/- to 7000/- way back on 01.06.2000 whereas in the case of Madras High Court the final up gradation even under M.A.
