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2025 Supreme(Online)(CAT) 3108
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Justice Om Prakash, J, Mr. Mohan Pyare, A
Rakesh Mishra – Appellant
Versus
Air Force Station – Respondent
O.A./332/2023
Shri K.P. Singh, Shri Vinod Kumar Pandey
Refusal to accept promotions precludes eligibility for financial up-gradation under ACP/MACP schemes.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Application for financial up-gradation under ACP/MACP schemes - Applicant sought to quash the order denying further financial up-gradation due to refusal of promotion - The Tribunal found that the applicant's refusal to accept promotions precluded eligibility for further financial up-gradations. (Paras 2, 10, 11)
(B) ACP/MACP Scheme - Conditions for financial up-gradation - Financial up-gradation under the ACP/MACP schemes is conditional upon acceptance of promotions; refusal to accept promotions results in debarment from further up-gradations. (Paras 6, 10, 11)
Facts of the case:
The applicant, initially appointed in 1983, sought financial up-gradation after delays in implementation of the ACP scheme. The respondents denied further up-gradation citing refusal of promotions.
Findings of Court:
The Tribunal upheld the denial of further financial up-gradation, emphasizing the applicant's refusal to accept promotions as a basis for ineligibility.
Issues: The main issues were whether the applicant was entitled to further financial up-gradation under the ACP/MACP schemes despite refusing promotions.
Ratio Decidendi: The court ruled that refusal to accept promotions precludes eligibility for financial up-gradation under the ACP/MACP schemes, affirming that compliance with promotion offers is essential for such benefits.
Result: Application dismissed.
ORDER
By Hon’ble Mr. Mohan Pyare, Member (A)
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
“(A) To issue order/direction to quash the order dated 28.03.2023 (Annexure-1) issued by respondent no.6, DD PC(DPC), Air Headquarters, Vayu Bhawan, New Delhi-110106.
(B) To issue a writ, order or direction to the respondents to implement second financial up-gradation under ACP scheme after completion of 24 years & 3rd financial up-gradation under MACP after completion of 30 years of service with all consequential benefits.
(C) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.
(D) To award cost to the applicant.”
2. Brief facts of this case are that the applicant was initially appointed as Senior Computer on 07.11.1983 and posted at Headquarter Central Air Command, Bamrauli, Prayagraj. The applicant completed 12 years of service on 07.11.1995. When ACP was not granted as per ACP Scheme framed by Government of India, Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training vide office memorandum dated 09.08.1999, then the applicant filed an Original Application no.1179 of 2002 which was decided on 26.05.2003 by this Tribunal with the direction to the respondents to grant benefit of 1st financial upgradation under the ACP Scheme w.e.f. 09.08.1999 with all consequential benefits. Against the judgement dated 26.05.2003, the respondents filed a Writ Petition no.34606 of 2003 before the Hon’ble High Court. The Hon’ble High Court dismissed the aforesaid Writ Petition on 29.04.2019. The respondents had not implemented the direction of this Tribunal dated 26.05.2003 till then on the ground of the pending writ petition. After getting a legal notice from the applicant, the applicant was granted the first ACP w.e.f. 09.08.1999 vide letter dated 27.01.2020. The applicant had superannuated after attaining the age of superannuation on 30.04.2019. The financial benefits were given to the applicant in the month of September 2020. After getting the financial dues, the applicant wrote a letter to PDPC Air Headquarters, New Delhi, regarding grant of 2nd ACP/MACP vide letter dated 05.01.2021 followed by another letter dated 02.04.2021. When no action was taken, then the applicant submitted a representation dated 16.03.2023 for grant of 2nd ACP on completion of 24 years of service and MACP on completion of 30 years of service. Thereafter, the impugned order dated 28.03.2023 was passed by the respondent no.6 stating therein that the applicant was not eligible for grant of further financial upgradation under ACP/MACP Scheme as per extant rules due to refusal of promotion.
3. We have heard learned counsel for the parties.
4. Submission of learned counsel for the applicant is that the action of the respondents clearly demonstrates arbitrary and bad intention to deprive the applicant from the legal entitlement of ACP/MACP. He argues that an inordinate delay was caused by the respondents in implementation of ACP Scheme w.e.f. 09.08.1999 to the applicant and only after retirement i.e. 30.04.2019 in the month of September 2020 the benefit of the 1st ACP was granted to the applicant which is much beyond the time prescribed as per the direction of the Tribunal dated 26.05.2003. Thus, the applicant was deprived of the 2nd ACP due from 06.11.2007 and subsequently the benefit of 3rd MACP after completion of 30 years of service. It was incumbent upon the respondents first to comply with the direction of this Tribunal dated 26.05.2003 since no stay order had been granted to the respondents by the Hon’ble High Court, thereafter, the applicant would have been promoted to the post of Statistical Assistant. As the respondents did not comply with the Tribunal’s order and the applicant was going to retire in 2019, there was no option before the applicant but to accept the promotion order which was
