IMPORTANT POINT
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.

JUDGMENT

Tushar Rao Gedela, J. - This is an appeal under Clause X of Letters Patent Act, 1866 assailing the impugned order dated 05.04.2023 passed by the learned Single Judge in W.P.(C) No.13777/2021 whereby the prayer seeking grant of ACP/MACP at higher Grade Pay from earlier date on the ground that the posts of Junior Scientific Assistant (hereinafter referred to as `JSA') and Technical Officer (hereinafter referred to as `TO') were merged, was rejected.

2. The prayers as sought by the appellants in their writ petitions before the learned Single Judge are as under:

"a) quash the impugned decision dt. 25.05.2021 [ANNEXURE P-1];

b) grant ACP in GRADE PAY 5400 PB-3, CORRESPONDING PAY BAND 15600-39100 w.e.f. 01.01.2006 to all Petitioners;

c) grant 2nd MACP w.e.f. 01.09.2008 in GRADE PAY 6600 IN PB-3, CORRESPONDING PAY BAND 15600-39100, on 01.09.2008, applicability date of MACP, to Petitioner no. 2 and 3 on account of serving more than required 20 years in direct entry grade of 4200;

d) grant 2nd MACP w.e.f. 12.12.2008 in GRADE PAY 6600 IN PB-3, CORRESPONDING PAY BAND 15600-39100 to Petitioner no. 1 on account completing 20 years on 12.12.2018 in direct entry grade of 4200;

e) grant 2nd MACP w.e.f. 05.12.2009 in GRADE PAY 6600 IN PB-3, CORRESPONDING PAY BAND 15600-39100 to Petitioner no. 4 on account completing 20 years on 05.12.2019 in direct entry grade of 4200;

f) grant Petitioner no. 2 & 3, 3rd MACP in GRADE PAY 7600 IN PB-3, CORRESPONDING PAY BAND 15600-39100 on 07.10.2015/31.10.2015 on completion of 30 years against the required 30 years to be counted from the direct entry grade of 4200;

g) Grant Petitioner no.1, 3rd MACP in GRADE PAY 7600 IN PB-3, CORRESPONDING PAY BAND 15600-39100, LEVEL-12 on 12.12.2018 on completion of 30 years against the required 30 years to be counted from the direct entry grade of 4200.

h) to recalculate all service/retirements benefits considering the ACP and MACP entitlement as prayed hereinabove;

i) grant 12 % interest on the payable benefit from the payable date;

j) grant exemplary cost of litigation against each respondents and in favour of the each petitioners, for their mala fide and forcing the petitioners in unwarranted litigation;

k) pass any such further or other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3. The facts as noted by the learned Single Judge in the impugned order, shorn of all unnecessary details and germane to the dispute, are as under:

"(a) For development of export trade through Quality Control and Inspection and for matters connected thereto, the Export (Quality Control and Inspection) Act, 1963 (hereinafter referred to as `1963 Act') was enacted and under Section 3 of the said Act, EIC was set up as a Body Corporate. Under Section 7 of the 1963 Act, in order to provide the ground machinery for quality control and inspection, Central Government established five Export Inspection Agencies (hereinafter referred to as `EIAs') in Delhi, Mumbai, Kochi, Kolkata and Chennai, which function under the administrative control of the EIC.

(b) Petitioners were appointed in the EIAs on different dates as JSAs in the pay scale of Rs.1400-2600 (under 4th CPC) and the relevant details are as follows:

(c) Petitioners No.1 and 2 were placed in the revised pay scale of Rs.5000-8000 under the 5th CPC, by order dated 03.03.1998 w.e.f. 01.01.1996, while Petitioner No.3 was granted the benefit vide order dated 01.10.1997 and Petitioner No.4 vide order dated 01.01.1996.

(d) Government of India, vide DoPT O.M. dated 09.08.1999 notified