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2025 Supreme(Online)(CAT) 4548
CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, J, Sangam Narain Srivastava, A
S.Thangavelu, Superintendent of GST & Central Excise – Appellant
Versus
Union of India – Respondent
OA/310/01913/2017 | OA 272/2018 | OA 358 | OA 359 | OA 715 | OA 716 | OA 943 | OA 1032/2022 | OA 497 | OA 512/2023
For the Appellants/Petitioners: M/s Menon, Karthik, Mukundan & Neelakantan
For the Respondents: Mr. K.S. Ramaswamy, Mr. M. Kishore Kumar, Mr. Rajinish Pathiyil, Mr. Su. Srinivasan
The MACPS benefits must consider all previous financial upgradations while determining eligibility for further upgradations.
Headnote:The applicants sought relief regarding financial upgradation under the MACPS. The Court analyzed the objective of MACPS as per CCS RP Rules, emphasizing that financial upgradations should follow prescribed hierarchies in Grade Pay. Ultimately, the Court allowed the appeals based on the Supreme Court's interpretation of MACPS. The applicants were entitled to benefits according to previously earned upgradations.
| Table of Content |
|---|
| 1. relief applications regarding financial upgradations under macps. (Para 1 , 2 , 3 , 4 , 5) |
| 2. consideration of previous financial upgradations when determining macps eligibility. (Para 6 , 8) |
| 3. interpretation of macps benefits by the court. (Para 7 , 9 , 10 , 11 , 12) |
ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Mermber)
More or less an identical relief prayed for, which is founded similar facts and circumstances these applications were heard together and are being disposed of by this common order.
2. The relief sought by the applicant in the OA 1913 of 2017 is as follows:
“i) to call for all the records pertaining to the impugned orders passed by the 3rd respondent in C.No.11/3/8/2016 MACP dated 02.01.2017 communicating the 1st respondent's order denying 2nd financial upgradation in the Grade Pay of Rs.5400/- in PB-3 on completion of 20 years under MACP Scheme, quash and set aside the same;
ii) to direct the first and second respondents to grant 2nd financial upgradation in the Grade Pay of Rs.5400/- in PB- 3 under MACP Scheme w.e.f. 01.09.2008 with all consequential benefits as per 2nd respondent's order C.No.11/3/17/2010-CCA (Estt.), dated 25.06.2010 to the applicant; and
iii) to pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.”
In the OA 272 of 2018, the relief prayed is as follows:
“To set aside the Order No. C.No. II/25/4/2017, dated 18.12.2017 issued by the 7th respondent and consequently rd direct the respondents to restore the 3 MACP benefit granted to the applicant in PB3 with grade pay of Rs.6600 with effect from 03.07.2012 and pass such further or other order as this Hon’ble Court may deem fit and proper and render justice”.
3. The following prayer is sought in the OA Nos.358, 359,715, 716 of 2022 and 497 and 512 o 2023:
“To direct the respondents to grant the applicants, second financial upgradation upon completion of 20 years of service in the Pay Band 4 with Grade Pay of Rs.6600 and thereafter, grant rd them 3 financial upgradation upon completion of 30 years of service in Level III (equivalent to Grade Pay of Rs.7600 in PB4) as granted by the Hon’ble Madras High Court in WP No.11535 of 2014 dated 16.10.2014, with all consequential benefits arising therefrom and pass such further or other orders as may be deemed fit and proper”
Or
“To direct the respondents to grant the applicants 2nd financial upgradation upon completion of 20 years of service in Pay Band rd
3 with Grade Pay of Rs.5400 and thereafter, grant them 3 financial upgradation upon completion of 30 years of service in Level II (equivalent to Grade pay of Rs.6600 in PB3) with all consequential benefits arising therefrom and pass such further or other order as may be deemed fir and proper”
4. The applicants in the OA No.943 of 2022 are seeking the relief as follows:
“To direct the respondents not to offset the grant of non- functional upgradation in the Grade Pay of Rs.5400 in PB2 against one upgradation under MACPS and to grant the nd applicant 2 financial upgradation upon completion of 20 years of service in Pay Band 3 with Grade Pay of Rs.5400 with all consequential benefits arising therefrom and pass such further or other orders as may be deemed fir and proper”
5. The relief sought by the applicant in the OA 1032 of 2022, is as follows:
(i) “To call for all the records pertaining to the impugned orders rd passed by the 3rd respondent in F.No. GCCO /CCA /Misc /50 / 2020 - CFCCA, dated 24.12.2021 denying 2 financial upgradation in the Grade pay of Rs.5400 in PB3 on completion of 20 years under MACP Scheme, quash and set aside the same;
(ii) To direct the 1st and 2nd respondents to grant 2nd financial upgradation in the Grade pay of Rs.5400/- in PB3 under MACP Scheme w.e.f. 01.09.2008 with all consequential rd benefits as per 3 respondents order in C.No. II/3/17/2010 CCA (Estt) dated 25.06.2010 to the applicant and (iii) In view of reliefs (i) & (ii) above, direct the re
