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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 – Appellant
Versus
The Union Of India – Respondent
Civil Writ Jurisdiction Case No.9414 of 2017, 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 - Illustration at Para-28 - Criteria for granting MACP - Interpretation of promotion and upgradation under MACP Scheme
Fact of the Case:
The petitioner, J.P. Mandal, sought the quashing of an order and the grant of various grade pays under the MACP Scheme. The CAT allowed the application in part, granting the third MACP benefit to the petitioner. The Union of India -Postal Department filed a petition against this order.
Finding of the Court:
The court found that the petitioner was not entitled to the first and second MACP benefits as per the criteria outlined in the MACP Scheme. It held that the CAT had erred in granting the third MACP benefit to the petitioner, as he had not completed 10 years of service in any post to qualify for the benefit.
Issues: The core issue was the interpretation of the criteria for granting MACP under the Official Memorandum dated 18.09.2009 and the salient features of the MACP Scheme. The court also considered whether the petitioner was entitled to the first, second, and third MACP benefits based on his service particulars.
Ratio Decidendi: The court interpreted the criteria for granting MACP, emphasizing the requirement of completing 10 years of service in the same grade pay for each financial upgradation. It also clarified the distinction between promotion and upgradation under the MACP Scheme, highlighting that upgradation does not necessarily amount to promotion for the purpose of extending MACP benefits.
Final Decision: The court set aside the CAT's order granting the third MACP benefit to the petitioner and dismissed the petitioner's application, allowing the Union of India -Postal Department's petition.
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 petitioner
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 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 that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
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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