Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.

ORDER

Hon’ble Mr. Manish Garg, Member (J):

In the instant OA, the applicant seeks the following reliefs:-

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 25.4.2018 (Annex.A/1) and consequently, pass an order directing the respondents to consider and to grant the applicant 2^nd financial upgradation w.e.f. 19.9.2008 in PB-2+GP 4200/-. in the light of Hon’ble Tribunal Ernakulam Bench judgment dated 24.3.2015 in OA No. 252/2013 in the case of of K.Saman Pillai and others Versus Secretary, Ministry of Defence, New Delhi and Hon’ble Madras High Court judgment in Writ petition No. 33946, 34602 and 27798 of 2014 in the case of Union of India & Ors Versus S.Ranjhit Samuel & Ors, decided on 14.2.2017, with all the consequential benefits including the arrears of difference of pay and allowances with interest @ 18% PA..

(ii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant, along with costs of litigation.”

2. Learned counsel for the applicant would argue that firstly the benefit of 2^nd financial upgradation under ACP Scheme was granted to the applicant and later on, it was withdrawn after implementation of MACP scheme, which could not have been done in the present case. In support of his contention, he relies upon the decision rendered by the Hon’ble Madras High Court in W.P. 33946 of 2014 and batch dated 14.02.2017, whereby the judgment of the Tribunal was upheld. The para Nos. 3 to 12 of the judgment of Hon’ble Madras High Court read as under:-

“3. All the applicants have a common grievance in the matter that they were not granted financial upgradation under the original Assured Career Progression Scheme, 1999 (herein after referred to as ACP Scheme), in the appropriate Grade Pay. The case of the applicants was that they were all working as Junior Engineers / Lower Division Clerks at the relevant point of time, without earning any promotion to the next higher grade. In terms of the ACP Scheme, many of them (in O.A.Nos.1170 of 2012 and 437 of 2013) had been granted the first financial upgradation, on introduction in August, 1999, in the pay scale of Rs.6500-10500 (pre- revised). In terms of the ACP Scheme, many of them (in O.A.No.818 of 2011) had been granted the first financial upgradation, on introduction in August, 1999, in the pay scale of Rs.4000- 6000 (pre-revised). Between January and April 2009, all the applicants had completed 24 years of service and hence, the applicants (in O.A.Nos.1170 of 2012 and 437 of 2013) are entitled to second financial upgradation under the erstwhile ACP scheme in the pay scale of Rs.10,000 - 325 - 15,200 in the corresponding pay band of Rs.15,600 - 39,100 with Grade Pay of Rs.6600/- and the applicants ((in O.A.No.818 of 2011) are entitled to second financial upgradation under the erstwhile ACP scheme in the pay scale of Rs.6000 - 8000, which has been merged with the scale of Rs.5500 - 9000, in the corresponding pay band of Rs.9,300 - 34,800 with Grade Pay of Rs.4200/-. When their claim for second financial upgradation was pending, the Government of India issued Modified Assured Career Progression Scheme (herein after referred to as MACP Scheme), vide Office Memorandum dated 19.05.2009, which envisaged grant of 3 financial upgradation to the Government employees, on completion of 10, 20 and 30 years of service. The scheme was brought into effect from 01.09.2008 superseding the earlier ACP scheme. The principal difference between both ACP and MACP scheme was that in ACP scheme upgradation is granted in the next higher pay scale as per hierarchy of line of promotion, whereas MACP is concerned, it would only be in the next higher Grad