O R D E R

Per Mr. Gokul Chandra Pati, Member (A)

This OA was filed by the applicant claiming the benefit of the 3rd financial upgradation under the Modified Assured Career Progression Scheme (in short ‘MACP Scheme’) at par with his juniors in the light of the judgment dated 22.5.2012 of the Jodhpur Bench of this Tribunal in the OA No. 353 and 354 of2011 as the said judgment is claimed to be applicable to the present case.

The applicant has prayed for the following reliefs in this OA:-

“Admit the application, issue notice to the respondents and upon hearing issue necessary direction for grant of 3rd ACP in MACP Scheme as per Annexures A/ 8 and Annexure A/ 9 at par with his juniors which has been granted to them pursuant to Annexure A/ 7 on consideration of the representation in Annexure A/ 8 and A/ 9 within a stipulated period on the basis of the ratio decided by the Hon’ble Central Administrative Tribunal, Jodhpur Bench vide Annexure A/ 10, within a stipulated time;

AND pass such other order or direction as this Hon’ble Court deems fit and proper.”

2. As stated in the OA, the applicant had joined the service initially in the cadre of Postman vide order dated 30.10.1974 and was appointed as a Clerk vide order dated 4.10.1979 (Annexure-A/ 2) and he joined as Clerk on 5.10.1979. In the Gradation list, the applicant was senior to one Sri Pitabas Mishra and they were placed at serial 9 and 10 of the Gradation list dated 31.10.2008 (Annexure-A/ 3). Both availed the benefit of the TBOP and BCR Schemes under which the pay scales of the employees after completion of certain number of years of service are upgraded to the next higher scale. Then Government introduced the MACP Scheme vide OM dated 18.9.2009 (Annexure-A/ 4) with effect from 1.9.2008. The applicant’s case is that the benefit of the MACP Scheme was extended to the juniors of the applicant like Sri Pitabas Mishra, but the applicant was denied such benefit. The applicant filed a representation dated 30.9.2009 (Annexure-A/ 8 followed by a reminder at Annexure-A/ 9. It is claimed by the applicant that his case is covered by the order dated 22.5.2012 of Jodhpur Bench of this Tribunal.

3. The respondents have filed their Counter opposing the submissions in the OA that the applicant claims the benefit of 3rd MACP at par with his juniors. It is stated that as per the guidelines, under the MACP Scheme the upgradation benefit is personal to an employee and no senior can claim higher pay/ grade pay under MACP on the ground that his junior was allowed the same benefit. It is further stated that the applicant had availed one promotion when he was posted as Clerk from postman and then had availed two financial upgradations under TBOP and BCR, for which, he cannot get one more upgradation under MACP since as per the guidelines for MACP, an employee can get maximum three promotions or upgradations.

4. In the Rejoinder, the applicant did not bring out any new grounds. Heard learned counsel for the applicant who argued that as per the judgments cited by the applicant, the applicant’s case is covered by these judgments and hence, the applicant is entitled for the same benefit allowed to other similarly placed employees in the cited cases. In addition, he also cited the order of this Bench of the Tribunal in OA No. 200/ 2013 which he claims is similar to the present OA. Learned counsel also submitted a written note of submissions enclosing the following judgments in which, it was submitted that the employees under similar circumstances as the applicant, have been allowed the benefit of 3rd upgradation MACP:-

i) Order of CAT, Madras Bench in OA 1088/ 2011 (D.Sivakumar –vs-

Union of India & Ors.)

ii) Order of High Court of Judicature at Madras in WP No.

30629/ 2014 iii) Order of High Court of Delhi in WP(C) 4131/ 2014 (Union of India &

Ors. –vs- Shakeel Ahmad Burney)

5. Learned counsel for the respondents reiterated the points mentioned in the Counter and submitted that as per the guidelines for the MACP Schem