1. The petitioners, who, after being appointed as Junior Engineer, at the time of their initial appointment, in the Slum and J.J. Department of the Municipal Corporation of Delhi, (which was later rechristened as the “Delhi Urban Shelter Improvement Board” - “DUSIB”) were stagnating for years together, were granted their first financial upgradation under the Assured Career Progression Scheme (“the ACP Scheme”), notified by the Department of Personnel and Training (DoPT), w.e.f. 9th August, 1999.

2. As per the said scheme, on completion of 24 years of regular service, the petitioners would have become entitled to second financial upgradation, in the scale of Rs.10,000 – 15,200, with effect from the date of acquiring eligibility therefor.

3. In the interregnum, on 19th May, 2009, an Office Memorandum was issued by the DoPT, pursuant to the recommendations of the Sixth Central Pay Commission, notifying the Modified Assured Career Progression Scheme (“the MACP Scheme”). Annexure – I to the O.M. contained the modalities of the said scheme. Para 11 of the O.M. clarified that no past cases would be reopened, and that, while interpreting the MACP Scheme, the difference in pay scale, on account of financial upgradation under the erstwhile ACP Scheme and MACP Scheme within the same cadre would not be construed as an anomaly. That however, is not of particular significance, insofar as the controversy in the present case is concerned.

4. Clause 1 of Annexure – I to the aforementioned O.M. dated 19th May, 2009, merits reproduction thus :

“There shall be three financial upgradations under the MACPs, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade pay.”

(Emphasis supplied)

5. Clause 26 of the said Annexure contains certain Illustrations apparently intended at facilitating understanding of the MACP Scheme and the manner in which it works. The said Clause 28 may be reproduced, to advantage as under :

“28. Illustrations

A (i) If a Government servant (LDC) in PB-I in the Grade Pay of Rs. 1900 gets his first regular promotion (UDC) in the PB-I in the Grade Pay of Rs. 2400 on completion of 8 years of service and then continues in the same Grade Pay for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the PB-1 in the Grade Pay of Rs. 2800 after completion of 18 years (8+10 years).

(ii) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the PB-II in Grade Pay of Rs. 4200 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(iii) However, if he gets 2nd promotion after 5 years of further service in the pay PB-II in the Grade Pay of Rs. 4200 (Asstt. Grade/Grade “C”) i.e. on completion of 23 years (8+10+5 years) then he would get 3rd financial upgradation after completion of 30 years i.e. 10 years after the 2nd ACP in the PB-II in the Grade Pay of Rs.4600.

In the above scenario, the pay shall be raised by 396 of the total pay in the Pay Band and Grade Pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same Grade Pay or in the higher Grade Pay. Only the difference of grade pay would be admissible at the time of promotions.

B. If a Government servant (LDC) in PB-I in the Grade Pay of Rs.1900 is granted 1st financial upgradation under the MACPS on completion of 10 years of service in the PB-I in the Grade Pay of Rs. 2000 and 5 years later he gets 1st regular promotion (UDC) in PB-I in the Grade Pay of Rs.2400, the 2nd financial upgradation under MACPS (in the next Grade Pay w.r.t. Grade Pay held by Government servant) will be granted on completion of 20 years of service in PB-I in the Grade Pay of Rs.2800. On completion of 30 years of service, he will get 3rd ACP in the Gr