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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K.V.JAYAKUMAR, JJ
SUPERINTENDENT OF POST OFFICES – Appellant
Versus
C.VASUDEVAN, RETIRED SUB POSTMASTER – Respondent
JUDGMENT :
K. V. JAYAKUMAR, J
Feeling aggrieved by the order of the Central Administrative Tribunal in O.A.No.1114/2017 dated 28.11.2019, Union of India and its officers preferred this OP(CAT). As per the impugned order, the Central Administrative Tribunal allowed the following claims of the respondent/applicant.
(i) Call for the records leading to the issue of Annexure A10 and set aside Annexure A10 to the extent it refuses 3rd financial upgradation under MACP Scheme.
(ii) Declare that the applicant is entitled and eligible to be granted 3rd MACP financial upgradation benefits reckoning his service from the date on which he is appointed as Postal Assistant.
(iii) Direct the respondents to grant financial upgradation to the applicant on completion of 30 years from the date he has been appointed as Postal Assistant and to revise the pay and draw arrears with 12% interest.
(iv) Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice.
(v) Award the cost of these proceedings.
2. Succinctly, the facts in brief are as follows:
The respondent/applicant, C. Vasudevan, joined the service of the respondents/petitioners as Postman with effect from
The court established that an appointment through competitive examination is considered direct recruitment, not promotion, thus entitling the applicant to financial upgradation under the MACP Scheme ....
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
Promotions obtained via LDCE are considered direct recruitment, thus not offsetting eligibility for MACP benefits.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
The court established that appointments through LDCE under recognized quotas constitute promotions for financial upgradation purposes under the MACP Scheme.
Promotion by clearing departmental examinations cannot be considered for ACP/MACP calculations under the applicable career progression schemes.
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 fin....
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
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