IMPORTANT POINT
The central legal point established in the judgment is the interpretation of Annex.A14 OM dated 04.10.2012 and its applicability to the case, emphasizing the requirement of benchmark criteria for financial upgradation under the MACP Scheme and its application in cases of promotions.

JUDGMENT :

Shoba Annamma Eapen, J.

The applicant and the respondents before the Central Administrative Tribunal, Ernakulam Bench, have come up before this Court by filing separate original petitions, challenging the order dated 08.08.2016 in OA No.1106 of 2013 of the tribunal.

2. OP(CAT) No.185 of 2017 is filed by the Union of India and the Central Institute of Fisheries, Nautical and Engineering Training (CIFNET), who were the respondents before the tribunal; and OP(CAT) No.157 of 2018 is filed by the applicant. For brevity, the parties are referred to as they are arrayed in the original application.

3. The original application was filed by the applicant with the following prayers;

“(i) To declare that the applicant is entitled for 2nd and 3rd financial upgradations under MACP Scheme w.e.f. 1.9.2008.

(ii) To direct the respo ndents to grant 2nd an d 3rd financial upgradations under MACP Scheme w.e.f. 1.9.2008.

(iii) To direct the respondents to grant the financial benefits arising from the 2nd and 3rd financial upgradations including arrears of pay and allowances, retirement benefits, leave encashment and all other consequential monetary benefits within a stipulated time.”

4. The applicant is a pensioner retired on superannuation on 30.09.2009 as “Mate Grade II” from the office of the second respondent. He joined service as “Bosun” on 20.10.1973 and was promoted as “Mate Grade II” with effect from 21.05.1980. He got only one promotion within the span of 24 years and thus, he was entitled for second financial upgradation under the ACP Scheme, which was introduced on 09.08.1999 with a grade pay of Rs.6,600/-. He was granted second financial upgradation under the ACP scheme only in April, 2002. The applicant continued as “Mate” till his superannuation on 30.09.2009. While so, the MACP Scheme was introduced on 19.05.2009. On implementation of the 6th Central Pay Commission (CPC), the pay scales of “Bosun” and “Mate” were merged with the grade pay of Rs.4,200/-. On merger of the two posts, the applicant did not get any promotion and as such, he is entitled for three financial upgradations during his entire career. Since the applicant was granted one financial upgradation under the ACP Scheme, he is entitled for further two upgradations under the MACP Scheme with effect from 01.09.2008. He was drawing the pay applicable to the post of “Skipper” on getting the second financial upgradation under the ACP Scheme. Though representations were submitted, the applicant was not granted the second financial upgradation under the MACP Scheme and he was asked to submit an application for retaining the overall grading as “good” in the ACR for the year 2005-06. As seen from Annex.A14, wherever promotions are given on non-selection basis, the prescribed benchmark, as mentioned in paragraph 17 of Annex.1 of MACP Scheme dated 19.05.2009, shall not apply for the purpose of grant of financial upgradation under the MACP Scheme. Seniority-cum-fitness is the only basis, on which MACP is granted. Since the applicant is graded as “good”, he is entitled for two financial upgradations under MACP Scheme. The applicant has completed 30 years of service on 20.10.2003. He sought for the relief that he should be given second and third financial upgradations under the MACP Scheme with effect from 01.09.2008 including arrears of pay and allowances, retirement benefits, leave encashment and all other consequential monetary benefits within a stipulated time. The respondents contended that the applicant was granted the second financial upgradation under the ACP Scheme with effect from 01.04.2002 and he was promoted to the post of “Mate” with effect from 21.05.1980 and while working as Mate, he retired on superannuation on 30.09.2009. As per Annex.A3 OM dated 19.05.2009, the government has introduced the MACP Scheme, which granted three financial upgradations counted from the direct entry grade on completion of 10, 20 and 30 years of service. One of the requirements for cons