Notional service is eligible for counting towards financial upgradation under the MACP Scheme, as established by previous judicial findings.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant is seeking the following reliefs:-

“(i) Respondents be directed to grant, the applicant, the first financial benefits, under the MACP scheme, in Pay Band-1 (Rs.5200-20,200) with Grade Pay of Rs.1900 (Level-2 of the Pay Matrix) w.e.f 29.06.2022, with all consequential benefits i.e. arrears of pay and interest;

(ii) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant.”

2. Brief facts of the case as narrated by learned counsel for the applicant are as under:-

2.1 The applicant filed and faced numerous rounds of litigations before this Tribunal and also before the Hon'ble High Court. Firstly, he approached the Tribunal vide Original Application No. 1581/2014. The same was allowed vide Order dated 30.03.2017 and following directions were issued:-

"11. In the light of this, it is clear that those who were junior to the applicant have been regularized as casual labour vide order dated 29.06.2012. Therefore, I see no reason how same benefit can be denied to the applicant. The stand taken by the respondents in their speaking order dated 04.03.2014 that Group 'D' posts have been abolished by the 6th CPC is fictitious as there are equivalent posts of MTS which exists in the Govt. now and, therefore, there should be no difficulty at all in regularizing the applicant as MTS from the date his juniors have been regularized, i.e. 29.06.2012.

12. The O.A. is, therefore, allowed. The respondents are directed to regularize the service of the applicant as MTS from the date his juniors were regularized, i.e. 29.06.2012, within a period of 90 days from the date of receipt of a certified copy of this order. No order as to costs."

2.1 Thereafter, challenging the aforesaid order, the respondents approached the Hon’ble High Court by way of filing Writ Petition (Civil) 5256/2019 but the same was dismissed by the Hon'ble High Court vide their Order dated 15.05.2019. No Special Leave Petition (Civil) was preferred before the Hon'ble Supreme Court against the same.

2.2 As a result of the aforesaid, the applicant was appointed as Multi Tasking Staff (MTS) (Common Category) vide order dated 14.02.2020, notionally w.e.f. 29.06.2012 and on regular basis w.e.f. 07.02.2020. He was on probation for a period of two years and was confirmed on the said post w.e.f. 08.02.2022.

2.3 The applicant preferred representation to the respondents seeking grant of 1st financial benefits under the MACP scheme taking into account the service rendered on notional basis. However, the respondents through the present impugned order dated 04.03.2024 rejected the representation of the applicant inter alia stating that the applicant is entitled to grant of 1st financial upgradation benefits under the MACP scheme, only from the date of joining the service on actual basis.

2.4 Learned counsel for the applicant relied upon the following case laws:-

(i) Hon’ble Supreme Court’s decision in Union of India (UOI) and Ors. vs K.B. Rajoria decided on 28.03.2000, reported in MANU/SC/0212/2000.

(ii) OA No. 181/00713/2018 titled Najeeb C.O. and Ors. vs Administrator, Union Territory of Lakshadweep and Ors., decided on 11.05.2022 by Ernakulam Bench of this Tribunal.

3. Per contra, learned counsel for the respondents reiterated the averments made in the counter affidavit. He submitted that the applicant has claimed 1st financial upgradation from his notional date of joining vide application dated 06.03.2023, which has been duly replied vide letter dated 04.03.2024 stating that the eligibility of 1st financial upgradation under MACP Scheme is after 10 years from the actual date of joining, i.e. from 07.02.2020. In support of his contention, he relied upon the DoP&T OM No.35034/3/2008- Estt.(D) dated 09.09.2010 regarding Modified Assured Career Progression Scheme (MACPS)