Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 847

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, FARJAND ALI, JJ.
Union of India, through the Secretary, Ministry of Defence, New Delhi – Petitioner
Versus
Bhartendu Gaur S/o Shri Dev Saran – Respondent
D.B. Civil Writ Petition Nos. 3840, 3847, 3857 of 2021
Decided On : 20-10-2022

Advocates:
Advocate Appeared:
For the Petitioner: Muktesh Maheshwari.
For the Respondent: S.K. Malik.

The main legal point established in the judgment is the entitlement of employees to the benefit of financial upgradation under the MACP Scheme, based on the scheme guidelines and the lack of further promotional opportunities for employees placed as MCMs.

Headnote:
MACP Scheme - Promotion Dispute - [Union of India vs. Bhartendu Gaur, Sampat Lal Chhimpa, Bharat Kumar and Others] - [Letter dated 14.06.2010, OM dated 19.05.2009, 6th Central Pay Commission recommendations] - The court discussed the dispute regarding the promotion and financial upgradation under the MACP Scheme, focusing on the interpretation of the promotional avenues available to the employees and the applicability of Grade Pay in the context of the scheme. The court found that the respondents were entitled to the benefit of the 3rd Financial Upgradation under the MACP Scheme after completion of ten years' service on the post of MCM, as per the scheme guidelines and the lack of further promotional opportunities for employees placed as MCMs.
Fact of the Case:

The Union of India challenged the legality of orders passed by the Central Administrative Tribunal, which granted financial upgradation under the MACP Scheme to the respondents. The dispute revolved around the promotion and financial upgradation of the employees under the MACP Scheme, based on their appointments and redesignations.
Finding of the Court:

The court found that the respondents were entitled to the benefit of the 3rd Financial Upgradation under the MACP Scheme after completion of ten years' service on the post of MCM, as per the scheme guidelines and the lack of further promotional opportunities for employees placed as MCMs. The court dismissed the writ petitions, upholding the Tribunal's decision.
Issues: The main issue revolved around the interpretation of the promotional avenues available to the employees and the applicability of Grade Pay in the context of the MACP Scheme. The dispute also involved the merger of posts and the impact on the number of promotions received by the employees.
Ratio Decidendi: The court's decision was based on the interpretation of the MACP Scheme guidelines and the lack of further promotional opportunities for employees placed as MCMs. The court also considered the impact of the merger of posts on the number of promotions received by the employees.
Final Decision: The court dismissed the writ petitions, upholding the Tribunal's decision to grant the 3rd Financial Upgradation under the MACP Scheme to the respondents.

JUDGMENT :

SANDEEP MEHTA, J.

1. These three writ petitions involve common questions of facts and law and hence, the same have been heard and are being decided together by this single judgment.

2. The Union of India, Ministry of Defence, has approached this Court through these writ petitions filed under Article 227 of the Constitution of India for questioning legality of order dated 10.01.2020, D.B. Civil Writ Petition No. 3840/2021 (Union of India and Others vs. Bhartendu Gaur), order dated 20.12.2019, D.B. Civil Writ Petition No. 3857/2021 (Union of India and Others vs. LRs. of Sampat Lal Chhimpa) and order dated 10.01.2020, D.B. Civil Writ Petition No. 3847/2021 (Union of India and Others vs. Bharat Kumar and Others), passed by the Central Administrative Tribunal, Bench Jodhpur, accepting the original applications filed by the respondents.

3. Brief facts relevant and essential for disposal of the writ petitions are noted herein-below:

Details of appointment and promotion of the respondents under the respondent-The Commander Works Engineer (Air Force), Bikaner, are mentioned herein-below in a tabular form for the sake of ready reference:

S. No.	Name	Post	Date of Appointment	Promotion/Direct appointment
1.	Bhartendu Gaur	(A) Initially appointed on the post of DES	21.09.1983	Direct Appointment
		(B) Redesignated to the post of DES to Fitter General Mechanic (SK) without any change in payscale.	06.07.1994
		1st ACP granted on 09.08.1999 on completion of 12 years of service.
		Fitter General Mechanic (HS II)	08.04.2002	Promoted from the post of Fitter General Mechanic (SK)
		2nd ACP granted on 21.09.2007 on completion of 24 years of service.
		Modified ACP to MACP w.e.f. 01.09.2008 (No benefit granted to the respondent writ petitioner)
2.	Sampat Lal Chhimpa	(A) Initially appointed on the post of DES	30.03.1987	Direct Appointment
		(B) Redesignated to the post of DES to Fitter General Mechanic (SK) without any change in payscale.	06.07.1994
		Fitter General Mechanic (HS II)	23.03.1995	Promoted from the post of Fitter General Mechanic (SK)
		Fitter General Mechanic (HS I)	31.01.2000	Promoted from the post of Fitter General Mechanic (HS II)
		Post of HS II and HS I were merged into category of HS w.e.f. 01.01.1996
		Not entitled to grant of 1st and 2nd ACPS because of two promotions were given subsequently.
		Modified ACPS to MACPS w.e.f. 01.09.2008 (No benefit granted to the respondent writ petitioner)
3.	Bharat Kumar	(A) Initially appointed on post of Motor Pump Attendant	22.02.1988	Direct Appointment
		(B) Post of Motor Pump Attendant was redesignated as Pump House Operator and further redesignated as Fitter General Mechanic (SK)	06.07.1994
		(C) Promoted to the post of FGM (HS II)	02.08.1995	Promoted from the post of FGM (SK)
		(D) Promoted to the post of FGM (HS I)	31.01.2000	Promoted from the post of FGM (HS II)
		Not entitled to grant of 1st and 2nd ACP because of two promotions were given subsequently.
		Modified ACPS to MACPS w.e.f. 01.09.2008 (No benefit granted to the respondent writ petitioner)
4.	Laxmi Narayan	(A) Initially appointed on post of Motor Pump Attendant	24.02.1988	Direct Appointment
		(B) Post of Motor Pump Attendant was redesignated as Pump House Operator and further redesignated as Fitter General Mechanic (SK)	06.07.1994
		(C) Promoted to the post of FGM (HS II)	26.06.1995	Promoted from the post of FGM (SK)
		(D) Promoted to the post of FGM (HS I)	07.01.2000	Promoted from the post of FGM (HS II)
		Not entitled to grant of 1st and 2nd ACP because of two promotions were given subsequently.
		Modified ACPS t