Service length for financial upgradation under MACP is counted only from direct recruitment in higher pay scale, previous service in lower pay scale is irrelevant.

ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

The present Original Application had been filed by the Applicant upon being aggrieved by the communication dated 03.01.2014 of the Additional Commissioner (C.C.U.) (Respondent No.4) addressed to the Assistant Development Commissioner, Jaipur Special Economic Zone – whereby it was conveyed that the Pay Scale of the post of Inspector Central Excise, which the Applicant had joined w.e.f. 10.12.1984, was higher than that of the post of Sub-Inspector, Central Bureau of Investigation (C.B.I.) in which he previously worked w.e.f. 27.06.1983 to 07.12.1984 ; and that the period of his previous service as Sub-Inspector C.B.I. was not to be counted towards admissibility for financial upgradation under Modified Assured Career Progression (MACP) Scheme ; and further that the Applicant was thus not eligible for grant of third financial upgradation under MACP Scheme.

2. On the basis of the pleadings of this case, the relevant matrix of facts emerged as follows briefly. The Applicant was appointed as Sub-Inspector of Police in C.B.I. vide Order dated 04.07.83 and had joined w.e.f. 27.06.83 in the pay scale of Rs.(425-15-530-EB15-560-20-600)/- at that time. While working as such, the Applicant had applied for and was selected as Inspector, Central Excise in the pay scale of Rs.(425-15- 500-EB15-560-20-700-EB25-800)/- under the Respondents. Upon tendering his technical resignation, he was relieved from the post of Sub-Inspector C.B.I. on 07.12.1984 ; and had joined as Inspector Central Excise in the Central Excise & Customs Collectorate, Rajkot on 10.12.1984.

3. Eventually, since he was not granted any promotion till then, vide the Establishment Order No.142/99 dated 13.12.1999, the Applicant was allowed first financial up- gradation to the pay scale of Rs.(6500-200-10500)/- under the Assured Career Progression (ACP) Scheme, w.e.f. 09.08.1999 – i.e. the date of introduction of the said Scheme, wherein the minimum eligibility period prescribed was 12 years of service. Subsequently, vide the Establishment Order No.15/2010 dated 19.02.2010, the Applicant was allowed the second financial up- gradation to the next Grade Pay of Rs.5400/- in PB-2 (Rs.9300- 34800/-) under the MACP Scheme w.e.f. 01.09.2008 – i.e. the date of introduction of the said Scheme – wherein the minimum eligibility period prescribed thereby was 20 years of service. The Applicant retired on attaining the age of superannuation on 31.07.2014, i.e. less than 30 years overall from his appointment as Inspector Central Excise.

4. In this context, the Applicant’s submission vide the present O.A. was that the pay scale allowed to him in his previous service in the post of Sub-Inspector in CBI w.e.f. 26.06.1983 to 07.12.1984 and that allowed to him when he joined as Inspector of Central Excise was the same – hence, application of Para-9 of Annexure-1 of the MACP Scheme to deny counting of that service period towards allowing him the third financial upgradation was wrong. Further, the Respondent Department had considered his previous service as such for pensionary benefits vide Establishment Order No.49/2001, dated 10.10.2001 under Rule-19 of the C.C.S. (Pension) Rules- 1972 – hence the Applicant claimed that his total continuous service length thus exceeded 30 years prior to his superannuation, yet he had been allowed only two financial upgradations in his entire service tenure with the Respondents. Consequently, it was claimed that as per the MACP Scheme