Promotions via departmental exams to higher grades count as MACP upgradations if within promotional hierarchy.

ORDER

By Hon’ble Dr. Sanjiv Kumar, Member (A)

The instant OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking relief to quash the impugned order dated 26.03.2021 passed by respondent No. 3, and to direct the respondents to grant MACP-II since 01.10.2011 (level-8) with GP of Rs. 4800/- and MACP –III (level-9) with GP of Rs. 5400/- since 01.10.2021 and for payment of arrears to the applicant alongwith interest @ 12% per annum from the date it became due till the actual date of payment, and to issue any order as deemed fit and to award cost.

2. The fact of the applicant is that the applicant was appointed as Postal Assistant on 01.10.1991 and then he passed fast track exam of LSG (Lower Selection Grade) in the year 2005 and qualified; and was posted in the grade of LSG from 02.05.2005. Then he took a second departmental exam in the year 2007 and qualified, and was posted as Inspector on 31.08.2008. On 31.08.2018 the applicant was given MACP- III but the applicant contends that the said MACP-III was wrong as the department has construed his fast track appointment through exam as LSG as MACP-I on 02.05.2005 and through Limited Departmental Exam appointment as Inspector on 31.08.2008 as his MACP-II. And so after 10 years of the second MACP as per the department they have given the applicant the third MACP benefit on 31.08.2018 which as per the applicant is incorrect as both fast track LSG appointment and Inspector grade appointment through Limited Departmental Exam cannot be considered against MACP and that the applicant was eligible for three distinct MACP which he should now get. And he contends that he should get his second MACP from 01.10.2011 in level 8 with Grade Pay of Rs. 4800/- and MACP-III in level 9 with Grade Pay of Rs. 5400/- from 01.10.2021 i.e. after 20 and 30 years of his service and so as per the applicant the respondents have wrongly calculated and considered his promotion and upgradation and arrived at wrong third MACP grant, so his OA should be allowed and he should be granted the benefit of two MACP.

3. On notice the respondents have filed their counter affidavit wherein they don’t dispute the basic facts of the case and they say that the applicant was appointed as Postal Assistant on 01.10.1991 in the Grade Pay of Rs. 2400/-. And through fast track LSG exam, he got a grade of Rs. 2800/- w.e.f. 02.05.2005 in the post of LSG, and then through Limited Departmental Exam in 2007 he got into the post of Inspector w.e.f. 31.08.2008 with a Grade Pay of Rs. 4200/-. Thereafter, as these two promotions he had already got in first seventeen years of his service he was given the benefit of MACP-III as per rule. The respondents contend that in 2005 the applicant had completed 14 years of service when he got his first promotion as LSG, and the second one in the 17^th year on 31.08.2008 he got his second promotion by LDCE as Inspector and hence he was only eligible for only third MACP after a lapse of 10 years of those 17^th year of his service i.e. at 27 years on 31.08.2018 in the Grade Pay of Rs. 4800/-. Hence, they reiterate that they have rightly granted only third MACP to the applicant as the applicant had already got two promotions and there is no illegality in their action and as per the existing circular they have sanctioned him the third MACP and considered his two promotions as first MACP and second MACP which is correct and as per rule. Hence, they request that the OA should be dismissed.

4. The applicant has filed rejoinder affidavit wherein he reiterated his stand as in the OA. He further contends that the Grade