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IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, ARUN KUMAR JHA, JJ.
J.P. Mandal, Son of Late D.P. Mandal - Petitioner
Versus
The Union Of India through the Director General of Post, Ministry of Communication, Department of Post and Ors. - Respondents
Civil Writ Jurisdiction Case No.9414 of 2017 with Civil Writ Jurisdiction Case No. 3129 of 2017
Decided On : 03-01-2023
MACP - Central Government Civilian Employees - Official Memorandum dated 18.09.2009 - Para-1 of salient features (Annexure-I) of the MACP Scheme
Fact of the Case:
The petitioner, J.P. Mandal, challenged the order of the Central Administrative Tribunal (CAT) granting third MACP benefit. The petitioner sought various reliefs including quashing of the impugned order and direction to grant grade pay benefits under the MACP Scheme. The CAT allowed the Original Application in part, granting third MACP benefit to the petitioner.
Finding of the Court:
The court found that the petitioner was not entitled to first and second MACP benefits as per the criteria outlined in the MACP Scheme. It held that the petitioner had not completed the required years of service in the same grade pay for the first and second MACP benefits. Additionally, the court noted that the petitioner had earned promotion to the post of Assistant Director (Recruitment) but had not completed 10 years of service in any post to qualify for the third MACP benefit.
Issues: The core issue involved in the case was the eligibility of the petitioner for first, second, and third MACP benefits under the Modified Assured Career Progression Scheme for Central Government Civilian Employees.
Ratio Decidendi: The court's decision was based on the interpretation of the criteria outlined in the MACP Scheme, specifically Para-1 of the salient features, which stipulates the conditions for financial upgradation under the Scheme. The court emphasized that the petitioner had not met the requisite service criteria for the first and second MACP benefits and had not completed 10 years of service in any post for the third MACP benefit.
Final Decision: The court set aside the CAT's order granting third MACP benefit to the petitioner and dismissed the petitioner's writ petition, while allowing the petition filed by the Union of India - Postal Department.
JUDGMENT :
(P.B. Bajanthri, J.)
Heard learned counsels for the parties.
2. In the instant writ petition, petitioner-J.P. Mandal has assailed the order of the Central Administrative Tribunal, Patna Bench, Patna (for short ‘CAT’) dated 28.07.2016 passed in O.A. No. 341 of 2012.
In the original application filed before the CAT, petitioner has prayed for the following reliefs:-
8.2 That your Lordships may further be pleased to direct/command the Respondents to grant the benefit of Grade Pay of Rs. 5,400/-with effect from 01.01.2006, Grade Pay of Rs. 6,600/-, Grade Pay of Rs. 7,600/-and Grade Pay of Rs. 8,700/-with effect from 01.09.2008 under M.A.C.P. Scheme.
8.3 That your Lordships may further graciously be pleased to direct/command the Respondents to grant the Grade Pay of Rs. 4,800/-and Rs. 5,400/-instead of Rs. 4,600/-with effect from 01.01.2006 under Normal Replacement and thereafter Grade Pay of Rs.6,600/-, Grade Pay of Rs. 7,600/-and Grade Pay of Rs. 8,700/-under Financial Upgradation under M.A.C.P. Scheme as already prepared by the Applicant on the basis of the Rules & Instructions as shown in Annexure-A/5 without any further delay.
8.4 That your Lordships may further be pleased to direct/command the Respondents to grant all consequential benefits including revision/ fixation of pay with arrears and statutory interest thereupon.
8.5 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicant.”
3. The Tribunal has allowed the Original Application in part in so far as granting third MACP benefit to the petitioner-J. P. Mandal.
4. The Union of India -Postal Department filed C.W.J.C. No. 3129 of 2017 against the order of the CAT dated 28.07.2016 passed in O.A. No. 341 of 2012, in so far as granting third M.A.C.P. to the petitioner-J.P. Mandal.
5. Brief facts of the case are that petitioner J.P. Mandal was initially appointed to the post of Postal Assistant on 01.03.1975. He was extended benefit of Higher Selection Grade-II with effect from 26.06.1993 on 16.09.1994. Further he was extended Lower Selection Grade on 07.03.1995 with effect from 17.06.1988. Similarly, he was extended B.C.R. and T.B.O.P. in the Lower Selection Grade with effect from 17.05.2000. As on 17.05.2000 he was in the pay scale of Rs. 5000/-to 8000/-and it was revised on 30.03.2001 @ Rs. 6,500/-10,500/-. On 13.11.2009, he had benefit of upgradation @ Rs. 7450/-to Rs. 11,500/-and also benefit of revised pay @ Rs. 9300/-to Rs. 34800/-in the Grade Pay of Rs. 4600/-. Such a benefit has been assigned on the petitioner with effect from 01.01.2006. Thereafter, he has earned promotion to the post of Assistant Director (Recruitment) on 14.06.2013. He has attained the age of superannuation and retired from service on 31.01.2014. Whereas MACP Scheme was issued on 18.09.2009 with effect from 01.09.2008. In this backdrop, whether petitioner is entitled to first, second and third MACP or not? The CAT examined whether the petitioner is entitled to first, second and third MACP or not. Having regard to the service particulars of the petitioner narrated in paragraph Nos. 12 and 13, the Tribunal proceeded to extend third MACP benefit to the petitioner.
6. Learned counsel for the Respondent-Department who have filed independent writ petition in so far as extending third MACP to the petitioner J.P. Mandal.
7. Core issue involved in the present litigation is how the criteria insofar as granting MACP is required to be examined with reference to the Scheme, namely, Official Memorandum dated 18.09.2009 read with the salient features. Modified Assured Career Progression Scheme for the Central Government Civilian Employees is the subject matter of the Scheme. Scheme provides illustration at Para-28 of the Scheme.
8. Learned counsel for
The main legal principle established in the judgment is the strict interpretation and application of the eligibility criteria outlined in the MACP Scheme, particularly the conditions for financial up....
The main legal point established in the judgment is the interpretation of the criteria for granting MACP benefits, particularly the requirement of completing 10 years of service in the same grade pay....
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
The court established that an appointment through competitive examination is considered direct recruitment, not promotion, thus entitling the applicant to financial upgradation under the MACP Scheme ....
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
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