Per Mrs. Hina P. Shah

The Original Application No. 29/2014 has been filed by

the Applicant under Section 19 of the Administrative Tribunals

Act, 1985 for the following reliefs:-

(i)

That the respondents may be directed to hold

good benefits of financial upgradation allowed

vide order dated 16/12/2009 (Annexure-A/11)

with due fixation by quashing order dated

03/06/2014 (Annexure-A/1) with the order

dated 09/04/2014 (Annexure-A/5) and order

dated 03/01/2014 (Annexure-A/13) with all

consequential benefits.

OR

Respondents be directed to allowed benefits of

regular promotion as denied vide order dated

04/04/2011 (Annexure-A/12) in the pay band

Rs. 9300-34800 with grade pay Rs. 4200 instead

of pay band Rs. 5200-20200 with grade pay Rs.

2800 with due fixation of pay including arrears

of pay & allowances and order dated 04/04/2011

be amended to the extent with all consequential

benefits.

(ii)

That the respondents be further not to recover

any amount from the applicant in pursuance to

order

dated

03/06/2014

(Annexure-A/1),

09/04/2014 (Annexure-A/4) and 03/01/2014

(Annexure-A/13) with all consequential benefits.

(iii)

Any other order, direction or relief may be

passed in favour of the applicant which may be

deemed fit, just and proper under the facts and

circumstances of the case.

(iv)

That the costs of this application may be

awarded.

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2(a). The applicant was working on the post of Field Worker

(Female) in the scale of Rs. 3050-4590/- and was further

promoted as Senior Field Worker vide order dated 14.07.1999

in the scale of Rs. 4000-6000/-. She was further promoted to

the Compilation Clerk instead of Lady Health Visitor in the

scale of Rs. 4500-7000/-. Thereafter, respondents vide order

dated 13.09.2007 fixed the pay of the applicant in the scale

of Rs. 5000-8000/-. Due to family circumstances, applicant

refused the above promotion and so respondents vide order

dated 26.12.2007 after acceptance of refusal, debarred the

applicant from promotion for one year.

2(b). After recommendations of the Sixth Pay Commission,

Government of India, promulgated Modified Assured Career

Progression

(MACP)

Scheme

for

Central

Government

employees for placement in higher scale after completion of

10, 20 and 30 years of service. In consideration of the

scheme, respondent No. 2 placed the applicant in grade pay

of Rs. 2800/- instead of Rs. 4200/- though applicant had

spent 10 years continuously in the same grade pay.

Thereafter, applicant was allowed due fixation of pay in Pay

Band – 5200-20200/- with grade pay Rs. 2800/- and

promoted to the post of Compilation Clerk vide order dated

04.04.2011, but the benefits under MACP Scheme were not

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paid to the applicant. The applicant was not allowed any

benefits of promotion though the applicant was entitled for

Pay Band – 9300-34800/- with grade pay Rs. 4200/- which

was corresponding to the old scale Rs. 5000-8000/-, but

respondents allowed next grade pay Rs. 2800/- instead.

2(c). Thereafter, respondents without any basis vide order

dated 03.01.2014 cancelled the benefits of second financial

up-gradation w.e.f. 26.06.2009 of the applicant on the

ground that she refused promotion in the year 2007. The

applicant, thereafter, made a request against cancellation of

the benefits granted to her vide her representation dated

10.03.2014 stating that refusal of promotion was prior to

applicability of MACP Scheme and applicant was due for

promotion after one year, but respondents did not allow the

same.

2(d). Since, no reply was brought to the notice of the

applicant on her said representation, she filed an Original

Application No. 246/2014 before this Tribunal and this

Tribunal vide order dated 23.04.2014 directed the respondent

No. 2 to decide the representation of the applicant. The

respondents

without

due

consideration

rejected

the

representation vide order dated 03.06.2014 stating that the

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benefits of financial up-gradation were rightly cancelled thus,

aggrieved by the action of the respondents in cancelling the

be