Notional promotion periods must be counted towards service for financial upgradation under MACPS, as 'regular service' does not solely mean actual physical service.

ORDER (ORAL)

By Justice Akhil Kumar Srivastava, JM;

Learned counsel for the applicants submitted that similar issue has already been decided by Co-ordinate Ahmedabad Bench of this Tribunal in O.A. No.237/2022 on 14.03.2024 and this case may also be disposed of in terms of this order.

2. Learned counsel for the respondents submitted that the respondents against order of Allahabad Bench and Ahmedabad Bench has preferred Writ Petition and no interim relief has been granted to the applicants therein.

3. For better understanding and appreciation of facts, we reproduce the order of Ahmedabad Bench in OA No. 237/2022, which reads as under:

"1. Aggrieved by the communication dated 14.07.2021 issued by the respondents (Annexure A/1), the communication dated 29.06.2021 (Annexure A/2) issued by the respondent no.1 as also establishment order dated 05.08.2022 (Annexure A-3/1)and 30.08.2022 and (Annexure A-3/2) by which the period of notional promotion has not been included as a regular service and instead, for the purpose of calculating the eligible 10 years of of service for financial upgradation und under MACPS, only the regular service on and after resuming the charge of a post was indicated as countable, the applicants have moved this OA seeking qua quashing of these communications and declaration that counting the period under notional promotion or upgradation too in the grade of Inspector was just and proper for granting the benefit of second or third financial upgradation to the applicants.

2. The applicant had preferred MA No. 216/2022 for permitting joint application as the main issue involved in their cases is the same. Similarly, another MA No. 347/2022 was moved to carryout amendments in the prayer clause consequent upon issuance of the establishment orders no. 9/2022 dated 05.08.2022 (Annexure A3/1) and 21/2022 dated 30.08.2022 (Annexure A-3/2) issued by the respondents. These two MAs were allowed. In this case, applicants had joined the service of the Central Board of Excise and Customs (CBEC) in different capacities and on different dates. However, they were promoted from the ministerial cadre to the executive cadre in the grade of Inspector of Central Excise and Customs then, on the pay scale of Rs. 5500-9000/-. Later, this pay scale of Page 20 of 30 Inspector was revised to Rs. 6500-10500/-w.e.f. 21.04.2004 vide OM dated 21.04.2004. The relevant service details of the applicants are at Annexure A/4.

2.1. The pay scale of Rs. 6500-10500/- came to be revised as PB-2 with grade pay of Rs. 4600/- consequent upon implementation of 6th Pay Revision recommendations. Earlier, the Assured Career Progression (ACP) Scheme was there since 09.08.1999. However, with the implementation of the recommendation of 6th Pay Revision the ACP was modified vide Office Memorandum dated 19.05.2009 and rechristened as MACPS (Annexure A/5). Under the MACPS, financial upgradation at the intervals of 10, 20 and 30 years of continuous regular service was made admissible to the Central Government employees. Accordingly, upon completion of 10 years of regular service in a single grade i.e., Inspector, the applicants were granted their financial upgradation in the grade of PB-2 +GP-4800/- by way of their second or third financial upgradation (as per their details at Annexure exure A/6). These upgradation were granted after the due screening process as laid down in the OM dated 19.05.2009 (Annexure A/5).

2.2 In accordance with the direction of CBEC in their letters dated 26.09.2005 (Annexure R/3), 17.05.2006 & 19.07.2006 (Annexure R/4) with regard to implementation of various common orders of Hon"ble Andhra Pradesh High Court and various orders of Coordinate Benches of this Tribunal, review DPC meeting was held on 23.05.2014 to review the findings o