The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.

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. He was granted first and second financial upgradations with effect from 09.08.1999 and 22.06.2008. Later, he was promoted to the post of Superintendent of Central Excise with effect from 24.09.2002 and as the upgradation benefits were already given under the Assured Career Progression (ACP) Scheme, he was not eligible for any benefits at the time of promotion.

3. The petitioner/applicant was granted the Grade Pay of Rs.5400/- in PB-2 of Rs.9300-34800/- with effect from 24.09.2006 on completion of four years of service as Superintendent. The case of the applicant is that, he is entitled to third Modified Assured Career Progression (MACP) since he was not granted any further promotion. The petitioner submitted Annexure-A10 representation claiming third MACP, but the same was denied to him.

4. The stand of the respondents before the Tribunal and before us is that the petitioner was granted first and second financial upgradations under the ACP Scheme with effect from 09.08.1999 and 22.06.2008 respectively. Thereafter, he was promoted as Superintendent of Central Excise with effect from 24.09.2002 and granted Grade Pay of Rs.5400/- in PB-2 of Rs.9300-34800/- with effect from 24.09.2006 on completion of four years of service as Superintendent.

5. The Tribunal, noticing the rival contentions of the parties, rejected the claim of the petitioner in the following manner:

“6. Grade Pay of Rs.5400/- is given to Superintendents of Central Excise, on completion of their 4 years' service in PB-2 with Grade Pay of Rs.4800/-. Applicant joined the service as Inspector 22.06.1984 and he was granted 1^st ACP benefits in the grade of Superintendent i.e. PB-2 Rs. 9,300-34,800/-plus Grade Pay of Rs. 4,800/-, Later he was promoted as Superintendent of Central Excise w.e.f. 24.9.2002. Since the applicant was already granted 1^st financial upgradation under ACP scheme he was not eligible for any benefits at the time of promotion. However, on completion of four years service as Superintendent applicant was granted non- functional upgradation in PB-2 Rs. 9,300-34,800/- plus Grade Pay of Rs. 5,400/- w.e.f. 24.09.2006. The applicant was granted 2nd financial upgradation under the ACP scheme w.e.f. 22.06.2008 on completion of 24 years of service in PB-3 Rs. 15600-39100/-with Grade Pay of Rs. 5,400/-. Therefore, the applicant has been granted three financial upgradations as stated above. The respondents contend that the placement of the applicant in the Grade Pay of Rs.5400/- in Pay Band 2 under NFG (non- functional upgradation) has to be treated as a separate Grade Pay for the purpose of grant of upgradation under the MACP Scheme.

7. Financial upgradations under the schemes of ACP and MACP are policy decisions of the Government of India and they are to be implemented strictly in terms o