The court upheld that benefits granted under prior schemes cannot be revoked due to later policy changes, ensuring employee rights are protected against arbitrary withdrawals.

ORDER

(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A))

The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

“(i)To call for proceedings No.B/MACP/Dlgs. Dated 29.09.2014 passed by fifth respondent which has been confirmed by proceedings No.APA/86-1027/2016 dated 28.11.2016 passed by the second respondent and quash them as arbitrary and illegal and

(ii)direct the respondents to restore the benefits under the erstwhile BCR scheme already granted to the applicant w.e.f 01.07.2009 by the fifth respondent in memo No.B/20-40/I dated 02.07.2009 or

(iii)direct the respondents to grant the applicant MACP-II benefits with effect from 01.09.2008 along with arrears of pay and allowances and all other consequential benefits.”

2. The brief facts of this case as stated by the applicant are as follows:-

2.1 The applicant was initially appointed as Group D in the respondent department w.e.f 30.12.1976. He participated in the competitive examination for promotion to the cadre of Postman and on being successful, was promoted as Postman w.e.f 11.04.1981. He once again participated in Limited Departmental Competitive Examination (LDCE) for promotion to the post of Postal Assistant and on being successful, was promoted as Postal Assistant w.e.f 09.05.1983. On completion of 16 years of service he was granted the first financial upgradation, i.e., TBOP in the Postal Assistant's grade w.e.f 16.05.1999 and on completion of 26 years of service as Postal Assistant, he was granted second financial upgradation, i.e., BCR w.e.f 01.07.2009 and his basic pay was fixed at Rs.13390/- in the pay scale of Rs.9300-34800 with Grade Pay Rs.4200.

2.2 While so, the Department of Posts adopted the MACP Scheme by Memo dated 18.09.2009 with retrospective effect from 01.09.2008. On 06.07.2010, the 5^th respondent issued a show cause notice to the applicant for withdrawal of the BCR granted w.e.f 01.09.2008 in view of introduction of MACP scheme w.e.f 01.09.2008. Para 14 of the Department of Posts Memo No.4-7/(MACPS)/2009-PCC dated 18.09.2009 clearly stipulates that no past cases would be reopened and quoting the same, the applicant submitted his reply dated 16.07.2010 and 28.08.2010 seeking to retain the BCR benefits. After due consultation with the competent authority, the fifth respondent dropped the proposal to withdraw BCR benefits granted to the applicant. The applicant retired on superannuation on 31.03.2012. But after retirement, the applicant's last drawn basic pay and grade pay was unilaterally reduced to Rs.13340 +GP of Rs.2800 from Rs.13920 +GP 4200 and his pension and other retirement benefits were settled based upon the reduced basic pay. A sum of Rs.1,00,000 was also withheld from his DCRG. When the applicant made representations questioning the said reduction, on 01.03.2014 he was once again issued a show cause notice by the 5^th respondent for cancellation of the BCR benefits. The applicant submitted his detailed representation to the 5^th respondent but by memo dated 29.09.2014, the BCR benefits, i.e., the second financial upgradation granted to the applicant w.e.f 01.07.2009 was cancelled resulting in recovery of alleged overpayments. The appeal preferred by the applicant was also rejected by the 1^st respondent on 28.11.2016.

2.3 The contention of the applicant is that the MACP Scheme was introduced in the Department of Posts by order dated 18.09.2009 wherein it is clearly mentioned that no past cases would be reopened. Further, even the MACP scheme introduced by GOI DOP&T OM No.35034/3/2008-Estt.(D) dated 19.05.2009 speaks about promotion in