CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH, CUTTACK O.A.No. 260/00860 of 2016 RCOesReArvMe:d on 03.01.2025 Pronounced on 06.01.2025 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)

Shri Shankar Patrao, aged about 61 years, Son of Late Binayak Patro, Superintendent (Retd.) Central Excise Customs and Service Tax, Bhubaneswar-l, Commissionerate, Bhubaneswar and at present residing in Plot No. K9B, 385, BDA, Bhagabanpur, PO.

Patrapada, Bhubaneswar, PIN - 751019.

……Applicant Union of India representeVdE tRhSrUoSu gh-

1. The Revenue Secretary to Government of India, Ministry of Finance Department of Revenue, Central Board of Excise & Customs, North Block, New Delhi -

110 001.

2. The Chairperson, Central Board of Excise & Customs, Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001.

3. The Chief Commissioner, Central Excise, Customs &

Service Tax, Bhubaneswar Zone, C.R.Building, Rajaswa Vihar, Bhubaneswar-751007.

4. The Commissioner, Central Excise Customs & Service Tax, Central Excise Customs and Service Tax, Bhubaneswar-l, Commissionerate, Bhubaneswar.

5. The Additional Commissioner, Central Excise Customs & Service Tax, Bhubaneswar. Bhubaneswar-

I, Commissionerate, 6. Assistant Commissioner (CCO), Central Excise, Customs & Serviced Tax, Bhubaneswar Zone, Bhubaneswar.

……Respondents For the applicant : Mr. J.M.Patnaik, Counsel For the respondents O : R D M Er . RJ.K .Nayak, Counsel PRAMOD KUMAR DAS, MEMBER (A):

The undisputed facts of the case are that on 22.03.1983 applicant joined as Inspector of Central Excise, Customs and Service th TSaaxfe, tBy hNuebtaneswar. On the recommendation of the 5 CPC, as a ‘ ’ to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues, the Govt. of India vide memorandum dated August 9, 1999 introduced Assured Career Progression (ACP) Scheme for granting two financial upgradations in case of no promotion at the interval of 12/24 years of regular service to an employee. The ACP Scheme was made effective from 09.08.1999.

st Accordingly, the applicant was granted 1 ACP on 09.08.1999. Thereafter, he was promoted to the post of Superintendent w.e.f.

nd

23.09.2002 vide order dated 07.03.2003. He was granted 2 financial upgradation under ACP w.e.f. 22.03.2007. The ACP Scheme was replaced by Modified Assured Career Progression (MACP) Scheme providing therein three financial upgradation on interval of 10/20/30 years of regular service vide memorandum dated

01.09.2008.

2. Applicant was granted Non-Functional Grade Pay after completion of four years of regular service in the grade of Superintendent w.e.f. 07.03.2007 vide order dated 02.06.2010.

rd rd Thereafter, he was granted 3 MACP w.e.f. 22.03.2013. The 3 MACP granted to the applicant was withdrawn vide order dated 13.08.2014 with an order to recover the differential pay, against which, he submitted representations on various dates. Thereafter, alleging non-consideration of his representations, he approached this Tribunal in OA 214/2016, which was disposed of on 19.04.2016. Respondents considered the representation but rejected the same on the ground that as non-Functional Upgradation is counted towards rd MACP, the applicant was not entitled for the 3 MACP and since the same was erroneously granted to him, the same was rightly withdrawn. Applicant retired from service on 30.06.2016 on reaching the age of superannuation. By filing the present OA, he has rd assailed the order of withdrawal of 3 MACP and rejection of his representation by stating that the grant of non-functional grade pay cannot be counted against MACP. In this regard, he has also placed reliance o n the decisions as under:

(i) K.C.Sharma Vs. UOI & Ors, 1998 (1) SLJ 54, (ii) State of Punjab & Ors Vs. Rafiq Masih (White Washer), AIR 2015 SC 696;

(iii) Order of Hon’ble Delhi High Court in W.P.(C) No.

9357/2016 dated 20.12.2017 (Hariram & Ors Vs.

Registrar General, Delhi High Court;