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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K.V.JAYAKUMAR, JJ
DILEEPKUMAR R S/o. RAMAKRISHNAN K. K. – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
K. V. JAYAKUMAR, J
Feeling aggrieved by the order of the Central Administrative Tribunal in O.A.No.916/2016 dated 12.04.2019, the applicant preferred this OP(CAT). As per the impugned order, the Central Administrative Tribunal has rejected the following claim of the petitioner/applicant.
“8.1 This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure-I to the OM No.35034/3/2008-Estt (D) dated 19.05.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs: 6600 in P.B-3 as per the MACP Scheme and direct the Respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon'ble Tribunal.
8.2 This Honourable Tribunal may be pleased to declare that the Grade Pay of Rs.5400 in P.B-2 granted under the C.C.S (R.P) Rules to the Superintendents of Central Excise on completion of four year service is not a financial upgradation falling under the purview of the MACP Scheme.”
2. The facts necessary for disposal of this OP(CAT) in brief are as follows:
The petitioner, P. Dileepkumar, joined the service as Inspector of Central Excise.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
Non-functional scales are not regarded as financial upgradations under the MACP Scheme, affecting eligibility for further benefits.
The MACPS provides for financial upgradations based on service duration, distinct from promotions, and prior benefits under ACP must be considered for eligibility.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
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....
The court ruled that recovery of excess payments, if made after significant time lapses, is impermissible under the law, emphasizing financial upgradation rights under the MACP scheme.
(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....
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.
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