ACP upgradation to Rs.6500-10500/- not ignored under MACP Clause 5 as post-6th CPC, feeder post carries GP Rs.4200/- while upgraded post carries GP Rs.4600/- per O.M. 13.11.2009, maintaining hierarchy distinction.

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Heard both sides. The facts in this case are as under :

The applicant had entered into the regular service of Government of India Press, Koratty as Offset Machine Man with effect from 27.06.1991 in the scale of pay of Rs.1400-2300/- which was revised to Rs.4500-7000/- on the implementation of the 5^th Pay Commission recommendations. On the implementation of the Assured Career Progression Scheme the 1^st respondent granted the 1^st financial upgradation under the Scheme to the applicant with effect from 27.06.2003 in the scale of pay of Rs.5000-8000/-, the scale attached to the post of Offset Machine Man (Special Grade), as is evident from Office Order F.No.22010/10/2003/EI dated 30.06.2003, copy of which is marked as Annexure A-1. However, by the time of issue of Annexure A-1 order, the post of Offset Machine Man (Special Grade) stood abolished in the Government of India Presses by an amendment to the Government of India Presses (Group C & D Industrial Post) Recruitment Rules, 1993 with effect from 01.06.2003. In accordance with the 2003 amended Recruitment Rules with effect from 01.06.2003 the next promotion of the post of Offset Machine Man is that of Technical Officer. However, the financial upgradation, as stated above, has been given to the post of Offset Machine Man (Special Grade). This was challenged vide O.A.No.110/2006 and this Tribunal had dismissed the O.A. However, the Hon'ble High Court while passing an order in W.P.C.No.11259/2009 on 09.06.2016 allowed the Writ Petition and found that the petitioners were entitled to succeed and declared that as on 27.06.2003, the petitioners were eligible to be given the higher grade pursuant to implementation of Annexure A-3 Scheme, by placing them in the next level of existing hierarchy, which was that of Technical Officer carrying the scale of pay of Rs.6500-10500/- as was given to several persons vide Exhibit RA(5) produced therein. A copy of the order in Writ Petition has been produced as Annexure A-2. Hence, by the Annexure A-2 order the Hon'ble High Court had declared that the applicant was entitled to get the scale of pay of Rs.6500-10500/- (pre- revised) with effect from 27.06.2003 by way of 1^st financial upgradation under the ACP Scheme with all consequential benefits.

2. In the meantime, pursuant to the implementation of the 6^th Pay Commission the scale of pay of Offset Machine Man was upgraded from the scale of pay of Rs.5000-8000/- to the revised Pay Band – 2 of Rs.9300-34800/- with Grade Pay of Rs.4200/- with effect from 01.01.2006. Accordingly the 1^st respondent by Office Order No.21011/10(c)/2009/E1 dated 17.12.2009 had revised the pay of the applicant in the grade of Offset Machine Man in PB-2 with Grade Pay of Rs.4200/- with effect from 01.01.2006. The same has been produced as Annexure A-3.

3. By the CCS (Revised Pay) Rules, 2008 the different grades carrying then pre-revised scales of pay of Rs.5000-8000/-, Rs.5500- 9000/- and Rs.6500-10500/- were merged together to the unified grade of Rs.6500-10500/- corresponding to the Pay Band of Rs.9300-34800/- with Grade Pay of Rs.4200/-. Thus the pay scale of Offset Machine Man and Technical Officer were merged together to a unified grade having the same Grade Pay of Rs.4200/-, nullifying the effect of the upgradation granted to the applicant under the ACP Scheme as the scale of pay attached to the feeder post and promotion post became one and the same. Thus, in effect the applicant is deemed to have been continuing in the same grade due to the merger of grades by the CCS (RP) Rules, 2008. In the meantime, the Modified Assured Career Progression Scheme (MACPS) w