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HIGH COURT OF KERALA
VIJU ABRAHAM, J
Shaji T. S/o Late Thankappan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
The above writ petition is filed challenging Exts.P7 order and for a direction to the 3rd respondent to grant 2nd financial upgradation under ACPS to the petitioners in the scale of PB 2 with grade pay of Rs.4,200/- with effect from the date of completion of 24 years.
2. Petitioners who are retired from General Reserve Engineer Force (GREF) during 2016-2022, have approached this Court aggrieved by the anomaly that was crept in the grant of 2nd financial upgradation to the next grade pay in MACP scheme instead of scale of pay attached to the next higher post in the hierarchy under Assured Career Progression Scheme (hereinafter referred to as ‘ACP Scheme’). The service particulars of the petitioners given in the tabular form in the writ petition as Schedule A are as follows:
| S N o. | Petitioner | Date of Joining | 1st ACP | Date of completion of 24 years | Date of Retirement |
| 1 | Shaji T | 07.11.84 | 09.08.99 | 07.11.2008 | 31.07.2022 |
| 2 | Varghese P M | 19.09.84 | 09.08.99 | 19.09.2008 | 31.05.2019 |
| 3 | M.K.Vamanan | 25.09.84 | 09.08.99 | 25.09.2008 | 31.12.2019 |
| 4 | J Baburajan | 11.10.84 | 09.08.99 | 11.10.2008 | 01.09.2021 |
| 5 | Soman V | 07.11.84 | 09.08.99 | 07.11.2008 | 30.04.2020 |
| 6 | Vinaya Kumar K | 07.11.84 | 09.08.99 | 07.11.2008 | 30.04.2022 |
| 7 | M Kamalasanan | 07.11.84 | 09.08.99 | 07.11.20 | |
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
The MACP Scheme is an incentive-based condition of service effective from 01.09.2008, and not a component of pay structure, denying retrospective claims from 01.01.2006.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
(1) Financial upgradation is personal, does not amount to regular or actual functional promotion and does not require creation of a new post – It has no relevance to seniority position and principles....
(1) Promotion – Modified Assured Career Progression Scheme – Date of operation of new pay scales cannot be per se the same when operation of another scheme (which may also involve pay benefits) need ....
Employees completing 24 years service before 31.08.2008 entitled to 2nd ACP in GP Rs.2400/- in promotional hierarchy post pay merger, ignoring prior identical upgradations, followed by 3rd MACP in GP....
The entitlement to benefits under the ACP Scheme was not automatic and was subject to review and consideration by the employer. The nature of benefits under the MACP Scheme was considered as incentiv....
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