IMPORTANT POINT
The court emphasized that under the MACP Scheme, no stepping up of pay is admissible for a senior employee if a junior employee in the same grade has higher pay, and financial upgradation under the MACPS is purely personal to the employee and has no relevance to seniority position.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 53291/2023

Allowed, subject to just exceptions.

Application disposed of.

CAV 539/2023

Mr. Nischal appears for the caveator.

The caveat is discharged.

W.P.(C) 13497/2023 & CM APPL. 53292/2023

1. This petition has been filed challenging the order dated January 05, 2023 passed by the Central Administrative Tribunal (hereinafter referred to as `Tribunal'), whereby the Tribunal has allowed the O.A. filed by the respondent herein by directing as under:

"14. While allowing the O.A., a direction is issued to the competent authority amongst the respondents to pass an appropriate order of stepping up/re-fixation of the pay of the applicant to ensure that the same is at par with his junior and the anomaly so created stands redressed. The said direction shall be complied with within a period of six weeks' from the date of receipt of a certified copy of this order.

15. Needless to say that pursuant to such stepping up/ re- fixation, the applicant shall be entitled to all the consequential benefits which would accrue."

2. The case of the respondent before the Tribunal was that the person, junior to him in the cadre of Laboratory Assistant in the petitioners organisation was drawing higher pay and allowances and as such his pay be stepped up qua his junior. The case of the petitioners before the Tribunal was that they have acted in accordance with the guidelines of the DoP&T. The attention of the Tribunal is drawn to paragraph 1 of the counter reply in which the relevant instructions of DoP&T were quoted and for this purpose, we quote paragraph 5 of the impugned order as under:

"5. Learned counsel for the respondents submits that the respondents have acted strictly in accordance with the guidelines of the DoP&T governing the subject. He specifically draws attention to para 1 of his counter reply in which the relevant instructions of DoP&T has been quoted. For the sake of clarity, the same is reproduced below:

1. That as per DoP&T OM dt. 19.5.2009, on the subject of MACP, it is cleary provided on Page No 07 at point No. 20 that, "20. Financial up-gradation under the MACPS shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/grade pay under the MACPS."

It is further clarified at point no.10 that, "10. No stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme." (Annexure A-1.)

Hence, it is submitted that whereas the applicant joined on 10.09.1992 and his junior joined on 02.07.1993. The applicant, after completion of 20 years of service was considered for 2nd MACP in Grade Pay Rs 20001- wef 10.9.2012, however both, the applicant and his junior were promoted as Lab Asstt. in PB-1 (5200-20200) with GP of Rs.2400/- on 01.03.2013, while the junior, after completion of 20 years of service was granted 2nd MACP w.e.f. 02.07.2013 (after his promotion to the post of Lab Assistant) in GP2800/-(5200-20200). Hence, as per the norms laid down in the MACP guidelines, the action on the part of the respondents is justified and not illegal.

It is also submitted that the applicant's reliance on the judgment of Hon'ble Tribunal as upheld by Hon'ble High Court in the matter of Vandana Panwar is not correct, as the same was a matter regarding claim for increment on the day of her joining as direct recruitment as PGT not on MACPs.

The applicant's reliance on the judgment in Tejbir's case is also misplaced, since the same dealt with the case of ACP and not MACPS, and whereas, under ACP scheme, upgradation was granted in the next higher pay scale as per hierarchy of line of promotion, whereas, under MACP upgradation is granted only upto next higher grade pay as prescribed.

2. That identical matter has already been taken up with the Serv