The main legal point established in the judgment is that the MACPS requires the hierarchy of the grade pays to be adhered to and not the grade pay in the hierarchy of posts, emphasizing the purely personal nature of financial upgradation under the scheme.

BADAR DURREZ AHMED, J

1. This writ petition is directed against the order dated 09.05.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.141/2012. The issue involved in this writ petition pertains to the grant of the 3rd Financial Upgradation under the Modified Assured Career Progression Scheme (MACPS) issued by the Department of Personnel and Training (DoPT) by an office memorandum bearing No.35034/3/2008-Estt. (D) dated 19.05.2009. The employees involved in the present writ petition are Assistant Nursing Superintendents (ANS) and some of them are Deputy Nursing Superintendent (DNS) (non-functional). The question that arises for consideration is whether the ANS and DNS (non-functional) are to be given the grade pay of Rs.6600/-in Pay Band-3 as their third financial upgradation on completion of 30 years under the said MACPS. According to the respondents, the only thing that has to be seen under the scheme is the next immediate higher grade pay and not the next hierarchical post. On the other hand, the learned counsel for the petitioner submitted that the promotional avenue available to ANS is that of DNS which falls within the same Pay Band-3 and has the same grade pay of Rs.5400/-and, therefore, they cannot be given the grade pay of Rs.6600/-which is in the next higher post of Nursing Superintendent.

2. The respondents had filed the Original Application seeking the following reliefs:-

“(a) Summon the relevant records pertaining to grant of as well as revocation of the 3rd Financial Upgradation under MACPS to nursing personnel (ANS/DNS cadre) in various Central Government Hospitals in Delhi.

(b) Quash and set aside the Office Memorandum No.A.11015/01/2011-N dated 09.12.2011 issued by the respondent No.1.

(c) Quash and set aside order No.3-2/2011-Admn.(III)N/SS1/2011 issued by Safdarjung Hospital (respondent No.5) & order No.F.No.23-2/NS (Admn.)/11/6858 dated 30.12.2011 issued by the Dy. Director Admn., DGHS, Lady Harding College and Smt S.K. Hospital (respondent No.6).

(d) Issue appropriate orders directing the respondents not to issue any further order(s) revoking the 3rd Financial Upgradation in grade pay Rs.6600/-under the MACPS from the ANS/DNS cadre in PB-3 Rs.15600-39100 in hospitals under the Central Government.

(e) Issue appropriate directions to the respondents not to take any further action for recovery etc. in pursuance of Office Memorandum No.A.110015/01/2011-N dated 09.12.2011 issued by the respondent No.1.

(f) Issue appropriate directions to the respondents to refix the pay of the applicants in PB-3 Rs.15600-39100 plus grade pay Rs.6600/-with all consequential benefits as per law.

(g) Pass any other and further order which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

3. Paragraph 2 of the MACPS is relevant for our purposes. It reads as under:-

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.”

4. The learned counsel for the petitioner submitted that even paragraph 4 of the MACPS would be relevant. The said paragraph reads as under:-

“Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of