ORAL ORDER

(As per Hon’ble Mr. B.V.Sudhakar, Administrative Member)

Through Video Conferencing:

2. The applicant has filed this OA aggrieved by the rejection order dt. 11.11.2014 vis-à-vis his claim for 3rd MACP and for a direction to the respondents to extend 3rd financial upgradation to him with Grade Pay of Rs.4600/- w.e.f. 01.09.2008 with all consequential benefits.

3. Brief facts of the case are that the applicant was appointed as Postman in 1972 and he passed the Limited Departmental Exam to be appointed as Postal Assistant (PA) in 1976. Thereafter, respondents granted the first financial up-gradation in the form of Time Bound one Time Promotion (for short “TBOP”) in 1992 after rendering 16 years of service and thereafter, BCR promotion on completion of 26 years of service, in the form of second financial up-gradation in 2002. The third financial upgradation was due after 30 years of service from the date of implementation of the MACP Scheme i.e. 01.09.2008, which was not granted and hence the OA.

4. The contentions of the applicant are that he is eligible for the 3rd financial upgradation as per the MACP scheme after completion of 30 years of service. The Hon’ble Jodhpur Bench of this Tribunal has passed orders in OA No.353/2011, 354/2011 and 382/2011, which are in favour of the applicant. Further, the judgment of the Hon’ble High Court of Delhi in WP (C) No. 4131/2014 is also in his favour. Applicant represented by enclosing the said verdict but the respondents have not considered stating that the verdict is in personam. The promotion as PA is by selection and hence, it is to be treated as direct recruitment to the said cadre and MACP regulated.

5. Respondents contested the OA by filing a reply statement. They state that the applicant has been granted a promotion from the cadre of Postman to Postal Assistant and granted two financial up-gradations under TBOP and BCR schemes w.e.f. 10.06.1992 and 01.07.2002 respectively. Thus, he has availed three promotions/ upgradations and therefore, he will not be eligible for any further financial up-gradation under MACP Scheme. After 6th CPC came into force, the applicant was granted GP of Rs.4200/- and he has drawn the same pay scale till he retired on 31.01.2010. They have cited the letter of the Dept. of Posts dated 18.9.2009 to claim that the service of the applicant has to be taken from the date of his entry in the Postman grade. The judgment in OA 353 of 2011 of the Hon’ble Jodhpur Bench of this Tribunal and the High Court judgment cited by the applicant are judgments in personam and that they have no instructions from the Postal Directorate or DOPT on the verdicts referred to.

6. Heard both the counsel and perused the pleadings on record.

7. I. The narrow point for consideration is that as to whether the promotion to the cadre of Postal Assistant through the process of selection by way of an examination is to be treated as direct entry to the said cadre or a promotion. In this regard, we are of the view that since the applicant has appeared in a Limited Departmental Competitive Exam, it has to be treated as a selection. It was not a seniority based promotion to consider the elevation from Postman to Postal Assistant as promotion. When there is merit in a level jump, then it has to be necessarily a selection and therefore, the entry of the applicant in the Postal Assistant Cadre has to be treated as Direct Entry and the MACP benefits have to be reckoned from the date of promotion to the PA cadre. When done so, the applicant is eligible for the 3rd MACP in 2013.

II. The matter fell for consideration before different Benches of this Tribunal and it has been held that the promotion to the post of Postal Assistant through an examination has to be treated as direct entry. Among the judgments delivered, we are extracting the judgment delivered by Hon’ble Ahmedabad Bench in OA Nos. 93/2019 & Batch, dated 17.09.2019, which is extensive, wherein judgments of the Hon’ble Apex Court and that