ORDER

Per : Hon’ble Mr Justice Rameshwar Vyas Being aggrieved by impugned order dated 04.07.2014 (Annex. A/3) and order dated 05.08.2014 (Annex. A/4), whereby, 3rd financial upgradation under Modified Assured Career Progression Scheme (MACPS) granted to the applicants were withdrawn and excess payment sought to be recovered, the applicants have filed this joint application.

2. The question for consideration before us is whether 3rd financial upgradation would be available to the applicants on completion of 20 years regular service from the date of their 1 st promotion or not?

3. As per learned counsel for the respondents, for grant of 3 rd financial upgradation under MACPS the period 30 years’ of regular service would be counted from the date of entry grade or 10 years w.e.f. 01.09.2008, i.e. the date of effect of the MACPS, whichever is earlier.

4. On the other hand, learned counsel for the applicants on the strength of judgment of Hon’ble Delhi High Court in the matter of Union of India & Ors vs. Manju Vashistha & Ors, W.P. (C) No. 11826/2016 decided on 03.02.2017, submitted that the applicants have already spent 20 years’ of service in their first promotional post and in these 20 years, they had not get any promotion. They have been granted 2nd financial upgradation under MACPS after a period of 17 years from 01.09.2008 i.e the date when MACP scheme came into force. In the above situation, he submitted that while counting the whole period of 17 years, they should be granted 3rd financial upgradation after completion of 20 years’ regular service on the same post.

5. Considering the claim of the applicant No. 3, Shri Shiv Kumar, it emerges that after his appointment on 19.01.1989 in the grade pay of Rs 2000/-, he got his first promotion in the grade pay of Rs 4200/- on 07.10.1991. Thereafter, he did not get any promotion for more than 10 years. He was found eligible to get 2nd financial upgradation under MACPS and the same was granted in the grade pay of Rs 4600/-to him w.e.f.

01.09.2008 since scheme came into effect from that date. Learned counsel for the applicants submits that for grant of 3 rd financial upgradation under MACPS, the period of 20 years should be counted from the date of his first promotion, i.e.

07.10.1991, which completes on 07.10.2001. The respondents after granting 3rd financial upgradation under MACPS, withdrawn it by impugned orders dated 04.07.2014 & 05.08.2014.

6. Perusal of impugned orders reveals that these orders have been passed based upon circular dated 29.12.2011 (Annex. A/7). Para 3 of the said circular reads as under:

“Further, the illustration under para-28 also demonstrates that 1st financial upgradation would be admissible on completion of 10 years of service from the date of actual joining of post in the entry grade, 2nd financial upgradation on completion of 20 years of service from the date of initial appointment or 10 years from the date of 1st financial upgaradtion/promotion, whichever is earlier and 3rd financial upgradtion would be admissible on completion of 30 years service from the date of initial appointment or 10 years from the date of 2nd financial upgardation/promotion, whichever is earlier.”

In the present matter, the applicants No. 3, 4, 7, 9 & 10 did not get 2nd promotion/upgradation within 10 years from their first promotion. When the MACPS came into effect, they had already completed more than 10 years after getting first promotion. Now, question arises whether period beyond 10 years upto 01.09.2008 should be counted for the purpose of grant of 3 rd financial upgradation or not?

As per the case of the respondents, the period from 07.10.2001 to 31.08.2009 cannot be counted for grant of 3rd financial upgradation while calculating 10 years’ period spent on same grade. For the purpose of grant of 3rd financial upgradation under MACPS, the period of 10 years shall be counted from 0