Refusal of regular promotion offered after MACP entitlement date does not bar financial upgradation, as employee had stagnated; rule applies only if promotion refused before entitlement.

ORDER (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To quash the impugned order no. SPL PTO No. 02 dated 12.03.2021 (Annexure-A18) vide which the applicant has not been granted financial benefit under MACP Scheme on the ground that he had refused a regular promotion offered to him.

b) To quash order no. 150101/MACP/9166 E1B(R-DPC) dated 14.09.2021 (Annexure-A21) in which it has been reiterated that “since the individual has refused his regular promotion, he is not eligible for getting MACP till he agrees for promotion again and in such case, the next financial upgradation shall also be deferred to the extent of period of debarment due to refusal of promotion.”

c) To direct the Respondent No. 3 to grand 3^rd MACP with the Grade Pay of Rs. 4200/- with effect from 20.02.2018 with all consequential benefits.

d) Pass any other order or direction as deemed fit by this Tribunal.

2. The facts of the case as averred by the applicant in his pleadings, are as follows:

a) The Applicant had joined in the trade of MTD Grade II in the year 1988 at Bangalore. He was granted ACP I as per Letter dated 05.04.2010 (P/13/pt (IV) GE, Air Force with the Grade Pay of Rs.2400/-. He was promoted to the post of Driver Grade II in the pay scale of Rs. 4000- 6000/- under RPR 1996 with Grade pay of Rs.2800/- vide Special Part II Order Ser No.12/SPL/2009 dated 16.07.2009 (Annexure-A1) by GE (AF), Hebbal, Bangalore-6.

b) The applicant is eligible to get MACP III in the year 2018 as he has completed 30 years of service during 2018. The applicant has already got ACP I with the Grade pay of Rs.2400/- and MACP II with Grade pay of Rs.2800/- on completion of 20 years of service.

c) The Applicant submits that Respondent No.3 had issued Promotion cum posting order: (CMD GDE-II to CMD GDE-I) for the year 2017- 2018 vide PO No.41/2019-132402/34/165/E1B (S)/A1 dated 11.06.2019 (Annexure-A4). In response, the applicant had submitted a representation dated 19.07.2019 (Annexure-A5) stating that he has already put in more than 30 years of regular service with various appointments to the fullest satisfaction of his superiors. During his service he has been posted to Jammu, Chennai, Bhutan, Mysore, Hebbal. At present he is serving at GE (I) R & D (West), DRDO, Bangalore since the last 3 years in the present unit. His juniors & seniors are promoted and placed in situ. Moreover, they have been appointed as MTD (OG) and they are allowed to stay in the same station for more than 30 years and above with higher grades promotion. He has already been granted 2^nd MACP on completion of 20 years of service i.e., in the year Sep 2008 with Grade pay of Rs.2800/- vide Part II Order dated11.11.2020 (Annexure-A11). Grade Pay of Rs.2800/- is same to the GDE II to GDE I. No financial benefit would be given to him in the present promotion listed at Annexure-A3.

d) The applicant challenged the promotion cum posting order before this Tribunal by filing O.A. No.958/2019. This OA was decided by this Tribunal vide Order dated 17.09.2019 (Annexure-A6). This Tribunal, in Para-3 of the order had observed as follows:

“But then he has pointed out that there are two other people who are having 33 years of standing in that particular station and even though under the orders of transfer have not been moved. We will therefore, allow the respondents to modulate their response to it. But then we note that applicant had given in writing the he is declining the promotion. Since the promotion and transfer are linked together, once the promotion is decli