Entitlement to financial upgradation under the MACP Scheme is determined based on the interpretation of 'regular service' as per relevant memorandums.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus, calling for the records on the file of the Central Administrative Tribunal relating to the impugned order of the respondent dated 06.09.2019 passed in OA No.1065 of 2014 and quash the same and consequently direct the respondents to grant ACP/MACP Financial up-gradation to the petitioner reckoning her date of initial appointment as 14.12.1982 instead of 01.03.1987 with all attend financial benefits.)

D. Krishnakumar, J.

1. The petitioner has filed O.A. No.1065 of 2014 before the Central Administrative Tribunal.

2. According to the petitioner, she was selected and appointed as Senior Stenographer with effect from 14.12.1982 as a temporary casual worker in the respondent-Department and after continuous service in the Department, her services have been made permanent with effect from 01.03.1987 and thereafter she continued in the service in the respondent-Department. While so, the Government has introduced MACP (Modified Assured Career Progression) Scheme with effect from 01.09.2008, according to which the Government employees, in order to avoid stagnation in service, will have the benefit of three financial upgradations on the completion of 10 years, 20 years and 30 years.

3. According to the petitioner, the petitioner has been initially appointed on 14.12.1982 and therefore, the said Scheme will also apply to her from the date of her initial appointment. However, the petitioner''s request has been rejected by the respondent. Hence she filed O.A.No.1065 of 2014 before the Tribunal but the Tribunal has dismissed the said O.A. by order dated 06.09.2019. Challenging the said order, she has filed the present writ petition before this Court.

4. Learned counsel for the petitioner has stated that the petitioner is entitled under the MACP Scheme from the date of her initial appointment on 14.12.1982, but the said aspect has not been considered by the respondent department in the proper prospective. According to her, once her service has been made permanent, she becomes eligible to get the benefit of financial upgradation under the MACP Scheme, from the date of her initial appointment on 14.12.1982. Such a claim of the petitioner was rejected by the respondent-department.

5. According to the respondent, the petitioner is entitled for the benefit under the MACP Scheme only from the date of her permanent appointment with effect from 01.03.1987.

6. Learned Standing Counsel for the respondents submitted that originally the petitioner was appointed on 14.12.1982 as Senior Stenographer as a temporary causal worker and her services have been regularized/ made permanent only on 01.03.1987 and the petitioner has accepted 01.03.1987, to be the date of her permanent appointment, and continued in the services without making any challenge adverse to it.

7. Learned Standing Counsel for the respondent, further submits that the aforesaid MACP Scheme is applicable only to regularly appointed Government employees as per the Government of India Memorandum No.350234/3/2008-EsH (D) dated 19.05.2009, wherein it is clearly stated that casual employees, including those granted temporary status, or appointed on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme.

8. According to the petitioner, she being a regular employee, is entitled for the benefit of financial upgradation under the MACP scheme from the date of her initial appointment, which is 14.12.1982, for the reason that though the petitioner has been initially appointed as temporary causal employee in the Department, however subsequently her services have been regularized and she was made permanent with effect from 01.03.1987.

9. The claim of the petitioner that she must be granted the benefit of financial upgradation as per MACP Scheme has been turned down by the Tribunal, relying upon Clause 3.2 of the Memorandum No.35034/1/97-Estt (D), dated 9.