ORDER

Per: Hina P. Shah, Judicial Member The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-

“It is therefore prayed that the present original application made by the applicant may kindly be allowed and the reasoning given by the respondents for denying the applicant benefit under MACP scheme may kindly be deprecated. The respondents may be directed to give the benefit of 3rd financial upgradation to the applicant in GP 4600 w.e.f. the date he has completed 30 years of services in the cadre of Postal Assistant. They may further be directed to give interest along with arrears. They may be directed to revise the pension and other pension related benefits. The respondents may further be directed to give all other consequential benefits for which the applicant was entitled for.

Any other relief or direction which this learned Tribunal deems fit in the facts and circumstances of the case may also be passed in favour of applicant.”

2. The brief facts of the case, as stated by the applicant, is that he was initially appointed as Postman w.e.f. 22.04.1976. In pursuance to the appointment order dated 31.03.1976, the applicant joined the services on 22.04.1976. After appointment as Postman, he appeared in departmental examination for promotion of lower grade staff to the clerical cadre and he was declared successful in the said examination. This examination was for appointment to the post of Postal Assistant. After qualifying the departmental examination, he has undergone training and vide order dated 18.03.1981, he was transferred for practical training and on completion of the said training, he joined on the post of Postal Assistant. It is the contention of the applicant that the appointment / promotion of the applicant as Postal Assistant was not a regular promotion. It was through open departmental competitive examination. Vide order dated 17.10.1996, after completion of 16 years of service as Postal Assistant, he was given time bound promotion in the pay scale of Rs. 1400-40-1800 EB 50-2300. He was given the said benefit w.e.f.

21.03.1997, which was time bound promotion on completion of 16 years of service. On 13.09.2007, after completion of 26 years of service in the cadre of Postal Assistant, he was allowed next higher grade of pay of Rs. 5000-150-8000, which was provided under BCR. The Government of India has introduced MACP Scheme in the month of May, 2009 and under this Scheme, an employee is entitled for financial upgradation after completion of 10, 20 and 30 years of service. The said Scheme was made effective from 01.09.2008 to the employees who have not been allowed three promotions or financial upgradations. As the applicant was initially appointed in the year 1976 and had appeared in the departmental competitive examination, he was appointed as Postal Assistant. It is the claim of the applicant that after introduction of MACP Scheme, he is also entitled for the benefit of the said Scheme, which has been ordered to be given in similar cases by several Coordinate Benches of this Tribunal including several Hon’ble High Courts and Hon’ble Supreme Court. The applicant has also submitted several representations dated 04.10.2012, 22.08.2012 and 13.10.2017 to the respondents for grant of financial upgradation under MACP Scheme.

The applicant has also made an application for voluntary retirement and the same has been given w.e.f. 26.10.2017. On 10.01.2018, the respondents have issued Pension Payment Order to the applicant.

At the time of voluntary retirement, he was drawing Grade Pay of Rs. 4200/-. Thereafter, the applicant continuously represented the respondents to allow him the benefit of 3rd financial upgradation on completion of 30 years of service since his appointment as Postal Assistant. Since no