The entitlement to the benefit of MACP is determined by the MACP scheme and relevant office memorandums, and any clarifications or withdrawals thereof.

JUDGMENT

V. Kameswar Rao, J. (Oral)

1. The challenge in this writ petition is to an order dated January 8, 2021 passed by the Central Administrative Tribunal in OA No. 2123/2020, thereby the Tribunal has dismissed the OA filed by the petitioner.

2. The claim of the petitioner before the Tribunal was for a direction to grant him the benefit of 3rd ACP w.e.f November 18, 2014 instead of November 18, 2016.

3. The brief facts are, the petitioner had joined CPWD as a Carpenter in the month of November, 1986. He was extended the benefit of selection grade on completion of 8 years of service in the year 1994. Thereafter, on June 9, 2001 he was promoted as Work Assistant. He was granted the benefit of 2nd MACP on September 1, 2008, i.e., the date of introduction of Modified Assured Carrier Progression ('MACP', for short) Scheme and 3rd MACP on November18, 2016.

4. It was his case before the Tribunal that he made representations to the respondents to extend the benefit of 3rd MACP w.e.f November 18, 2014. In support of his submission, he had placed reliance on the clarification issued by the Director General, CPWD on July 12, 2012 which is to the effect that the employees who are extended the benefit of selection grade on completion of 8 years of service are entitled to the benefit of 2nd ACP and 3rd MACP on completion of 18 and 28 years of service respectively.

5. It may be stated here, the petitioner did bring it to the notice of the Tribunal that though the clarification dated July 12, 2012 issued by the CPWD was withdrawn vide OM dated February 13, 2019, but he still would be entitled to the benefit of 3rd MACP on completion of 28 years of service, i.e., on November 18, 2014, which date is much before the issuance of OM dated February 13, 2019. The Tribunal rejected the original application by stating in paragraph nos. 6 to 8 as under:

"6. The applicant himself has indicated the scope of the ACP as well as MACP. There was no necessity to extend him, the benefit of the ACP on completion of 12 years of service because he earned promotion in the stipulated slot. In fact the applicant did not have any qualms about it. The scheme of MACP came into existence thereafter. The merit-cum-seniority to higher scale is made available on completion of 10 years 20 years and 30 years of service, in case the employee did not get promotion or upgradation during those spells. The applicant was extended the benefit of the 2nd MACP on 01.09.2008, the date on which the scheme became operational. The 3rd MACP became payable on completion of 30 years of service. Promptly enough, the respondents extended the same, w.e.f. 18.11.2016 the date on which the applicant completes 30 years of service.

7. The applicant contends that his 3rd MACP should be advanced to 18.11.2014, on the basis of clarification issued by the 2nd respondent. When the scheme is covered by the OM issued by the DOPT and it clearly stipulates the parameters, namely completion of 10 years, 20 years and 30 years any amount of clarification by the department or an official would be of no use. Though the clarification is to the effect that 3rd MACP is to be extended on completion of 28 years of service, the irregularity was noticed and it was rectified in the year 2019. Even if one ignores the OM dated 22.02.2019, the applicant cannot seek any benefit, dehorsc the OM dated 19.05.2009, through which the MACP was introduced. Para-2 of the OM is mentioned as under:

"The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of MACPs and has accepted the same with further modification to grant three financial upgradations under the MACPs at intervals of 10, 20 and 30 years of continuous regular service."

8. Once the very source of MACP stipulates 30 years as the basis for 3rd MACP, it is just un-understandable as to how that can be meddled with by anyone."

6. The petitioner who appears in person would draw our attention to the MACP scheme more specifica