IMPORTANT POINT
Employees who have received sufficient promotions and financial upgradations are not entitled to additional benefits under the Modified Assured Career Progression Scheme.

JUDGMENT :

(Nelson Sailo, J.)

All the 3 (three) writ petitions are being disposed of by this common order as the issue involved are similar.

2. Heard Mr. B Purkayashtha for the petitioners and Mr. S P Sarma, learned Standing Counsel, APDCL for respondent Nos. 2 to 8.

3. Brief facts of the case is that all the petitioners were appointed as Meter Reader under the erstwhile Assam State Electricity Board, now known as the Assam Power Distribution Company Limited (APDCL). The petitioner in WP(C) No. 7109/2021 was appointed on 16.12.1980. He was promoted as Senior Meter Reader on 02.03.2016 and subsequently retired from service on 30.09.2019.

4. The petitioner in WP(C) No. 6901/2021 was also appointed as Meter Reader on 16.12.1980 and promoted as Senior Meter Reader on 24.11.2014. Subsequently, he retired from service on 31.03.2019.

5. The petitioner in WP(C) No. 128/2022 too was appointed as Meter Reader on 16.12.1980 and promoted as Senior Meter Reader on 24.11.2014. Subsequently, he retired from service on 31.12.2017.

6. It is the case of the petitioners that the respondent establishment adopts and follows the Revision of Pay Rules of the State Government issued from time to time by way of publishing a separate notification in this regard. Despite their appointment way back on 16.12.1980, the petitioners did not get a chance of promotion for a long period of time and therefore, when the respondents came up with the O.M dated 30.12.2006 introducing financial upgradation scheme for its employees w.e.f. 01.01.2007, all the petitioners were given the benefit of financial upgradation w.e.f. 01.01.2007. Thereafter, the petitioner in WP(C) No. 7109/2021 was promoted as Senior Meter Reader on 02.03.2016 while the petitioners in the other two writ petitions were both promoted as such on 24.11.2014.

7. After their retirement on superannuation, the pension to be received by them was revised on the ground of wrong fixation of their pay. According to the petitioners, upon such re-fixation of their pay, the amount of excess drawal was deducted from the pensionary benefits due to them. Aggrieved with the same, they submitted their respective representation before the authority concerned which however was rejected. That is how they are now before this Court.

8. Mr. B Purkayastha, learned counsel submits that the petitioners have been given promotion to the post of Senior Meter Reader after rendering mote than 33 to 35 years of service. Therefore, when the financial upgradation scheme was notified vide O.M dated 30.12.2006, they were given two financial upgradation w.e.f. 01.01.2007. Thereafter, the respondent authorities vide O.M dated 12.12.2017 notified the ASEB and its Successor Companies, Revised Pay Rules- 2017 (ROP 2017), which came into effect from 01.04.2016 as an interim measure. Clause 12 of the said Office Memorandum speaks of Modified Assured Career Progression Scheme (MACPS) which provides for grant of financial upgradation benefit for three times in the entire service period upon completion of 10 years, 20 years and 30 years of service to those employees who do not get one regular promotion within the first ten years or two regular promotion/ACPS benefits within two years or three promotion/ACPS benefit within 30 years of regular service. It was provided that a separate order in this regard would follow.

9. Thereafter, the respondent authorities, in order to implement the MACPS, notified O.M dated 04.05.2018. Clause 10 of the O.M provides as follows:-

“10 The financial benefit of the scheme shall be given with effect from 01.01.2018 only, although the services rendered by the employee before 01.01.2018 and promotions/ACPS benefits availed before 01.01.2018 shall be taken into account for deciding and determining the extent of benefit under MACPS. For example an employee who has joined regular service on 1995 and his case has been considered in 2016, the service for the purpose of MACPS shall be counted from 1995 and accordingly he