ORDER

Delivered By:- Hon’ble Dr. Sanjiv Kumar, Member (A) This original application has been filed under section 19 of Administrative Tribunals Act 1985 seeking direction to the respondents to grant one financial upgradation in Grade Pay Rs.

4600/- as 3rd financial upgradation under MACP Scheme w.e.f. 01.09.2008 with consequential benefits viz. fixation of pay in G.P. Rs. 4600/-, arrears accrues on such fixation with 18%, refixation of pension and further pay all the retiral dues on the enhanced rate of pay with 18% interest.

2. The facts of the case, in brief, are that the applicant, who was initially appointed as Group ‘D’ employee in postal department in June 1972, was promoted as Postal Assistant (Group ‘C’) through departmental examination in the year 1978 and after completion of 16 years regular service, he got 1st ACP w.e.f. 15.08.1994. Thereafter, completion of 10 years service, he was given 2nd ACP w.e.f. 01.01.2005 in pay scale Rs. 5000- 8000/-. The applicant contended that he has completed more than 38 years of service, but in the Office Memo No. B-3/10/3rd MACP/30 years/09-10 dated 14.01.2010 issued from the office of respondent no. 6 regarding grant of financial upgradation under MACP in Pay Band Rs. 5200-20,200/- to those official who have completed 30 years service as on 31.08.2008 and between 01.09.2008 to 31.03.2010, his pay fixation has been shown in the Grade Pay Rs. 4200/- instead of Rs. 4600/-. Being aggrieved by the aforesaid Office Memo, the applicant preferred representation dated 01.02.2010 followed by reminders dated 01.04.2010 and 15.06.2010 but no action has been taken by the respondents and he retired on 31.08.2010.

3. The applicant contended that he was not promoted from Group ‘D’ to Group ‘C’ but he was duly selected by way of department examination held in the year 1978 against the substantive and regular vacancy, therefore, the rule of promotion on financial upgradation is not applicable in his case.

It is further contended that the 1st financial upgradation was given to the applicant on completion of 16 years of regular service in the LSG Grade on 15.08.1994 and consequently, after 26 years of service, he was allowed 2nd financial upgradation w.e.f. 01.01.2005 in BCR Scheme. The applicant asserts that initially, he joined Group ‘D’ and through Limited Departmental Competitive Examination he was appointed as Postal Assistant, which cannot be termed as promotion under MACP. He asserts that passing the intermediate post examination and attaining a cadre by a competitive examination and not in the course of prescribe avenue of promotion by way of natural progration through seniority cannot be counted towards the promotion under MACP.

4. The applicant quotes co-ordinate Bench of this Tribunal order passed in OA No. 1721/2014 – Surya Nath Yadav Vs. UOI & Ors which was allowed vide order dated 10.05.2023 following the judgment of Madras High Court in Writ Petition No. 30629/2014 and M.P. No. 1 of 2017 – Union of India and others Vs. D. Sivakumar and others and the judgment of High Court, Rajasthan in Civil Writ Petition No. 11709 of 2013 – Union of India and others Vs. Har Govind Sharma. In the aforesaid judgments, it has been decided that Group ‘D’ employee faces a process of LDCE selection and appointed as Postal Assistant by passing an intermediate post and cadre, it cannot be called as promotion as it was not in the course of prescribed avenue of promotion. Hence, he must get three MACP after joining the cadre of Group ‘D’ Postal Assistant at completing 10, 20 and 30 of service respectively. Hence, the applicant prays that his OA should be allowed and he should be granted the benefit of 3rd MACP from due date i.e. 01.09.2008 with consequential benefits.

5. Respondents have filed counter affidavit wherein the basic facts of the respondents is that the applicant was appointed as Group ‘D’ on 23.06.1972 in Grade of Rs. 1800/0 in Pay Band 5200-20200 and after passing departmenta