ORDER

Hon’ble Mr. Tarun Shridhar, Member (A) Aggrieved by an order dated 05.07.2019, vide which her representation with respect to grant of financial upgradation under Modified Assured Career Progression (MACP) Scheme has been rejected, the applicant has approached this Tribunal by virtue of the instant OA praying for the following relief(s):

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 4.7.2019 (Annex. A/1), declaring to the effect that the same is illegal, arbitrary and against the law of the land and consequently, pass an order directing the respondents to consider and to grant the 1 financial upgradation to the applicant from the date of transfer in Grade pay of Rs. 4800/-(pre- revised) and 2nd financial upgradation in Grade Pay of Rs. 5400/- (pre-revised) from the date of completion of 20 years of service with all consequential benefits including the arrears of difference of pay and allowances with interest as per amended para 24 of MACP scheme and clarification issued by the GOI vide OM dt.

4.10.2012. (ii) any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2. Briefly stated, the applicant was initially appointed on 01.02.1999 as a Staff Nurse in the pay scale of Rs. 5000-8000 bearing a revised grade pay of Rs. 4600/- w.e.f. 01.01.2006. However, the applicant had been promoted to the post of Nursing Sister on 21.03.2005 in the pay scale of Rs. 5500- 9000 carrying a grade pay of Rs. 4800/-. In terms of the provisions of MACP Scheme, she was granted second financial upgradation in the grade pay of Rs. 5400/- on 01.02.2015. In the meanwhile, the applicant sought and was allowed transfer from North Western Railway to Northern Railway to the post of Staff Nurse, which is a lower post and which was the post on which she was initially appointed.

Along with this transfer to lower post was her placement in the bottom of the seniority list in the new cadre. The grievance of the applicant is that pursuant to her transfer to a lower post, even though her pay was protected, her grade pay was reduced from Rs. 5400/- to Rs. 4600/- i.e. the grade pay attached to the post of Staff Nurse. Accordingly, in terms of the rules and instructions governing grant of financial upgradation under MACP, she is entitled to second financial upgradation on completion of twenty years of service w.e.f. from her initial date of appointment and hence, she should be extended the benefit of this financial upgradation w.e.f. 31.01.2019.

3. Learned counsel for the applicant argues that the case of the applicant is fully covered in terms of the guidelines contained in paragraph 24 of the MACP Scheme which has been further amended vide Office Memorandum dated 01.11.2010. Learned counsel clarifies that even though the applicant may have been promoted however, on her transfer to a lower post, the benefit of promotion stood withdrawn as would be borne out of the fact that her grade pay got reduced.

Denial of financial upgradation under MACP would defeat the very purpose of the said Scheme, the spirit behind which is to compensate the employee for lack of promotion over a long period of time. Learned counsel quotes from the relevant instructions governing MACP, specifically paragraph 24 as it was originally drafted and as it has been amended.

“OFFICE MEMORANDUM Subject: Modified Assured Career Progression Scheme for the Central Government Civilian Employees — Clarification regarding.

A Joint Committee is set up to examine the anomalies pertaining to the Modified Assured Career Progression Scheme (MACPS) vide Department of Personnel & Training O.M. No.11/1/2010-JCA dated 03.05.2010.

2. During the joint committee meeting it was pointed out by the Staff Side that the word `new organization' of the last line of para 24 of Annexure-1 of MACPS dated 19.05.2009 was not in consonance with the spi