The MACP Scheme entitles employees to financial upgradation to the immediate next higher Grade Pay after 30 years of service, independent of promotional hierarchy.

ORDER

Hon’ble Shri Rajinder Kashyap, M (A) :

Since the issue involved in both the OAs are identical and the reliefs claimed are also same based on the similar grounds and with the consent of the learned counsel for the parties, we proceed to dispose of both the OAs by this common order.

2. For the convenience of writing of this Order, the OA No.947 of 2022 is taken as a lead case.

3. By filing the OA No.947/2022 under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-

“A.- To issue an order or direction to the respondents to grant the applicant the 3rd MACP from the date when he became entitled for the same along with pay and allowances and back arrears due to the applicant with 12 percent interest.

B. To issue any other order or direction which this Hon‟ble Tribunal may deem fit and proper in the circumstances of the case.

C.- To award the cost of the application in favour of the applicant.”

4. Brief facts of the case leading to filing of this OA are that the applicant was initially appointed under the respondents as Switch Board Attendant on 15.1.1983. After completion of 12 years, the applicant was granted 1st financial upgradation under the Assured Career Progression Scheme (in short „ACP Scheme‟), which was introduced by the Central Government, in the pay scale of Rs. 4000-6000/- on 9.8.1999 and upon completion of 24 years of regular service, he was granted 2^nd financial upgradation under the ACP Scheme in the pay scale of Rs.5000-8000/- (pre-revised) on 2.8.2007.

4.1 The Central Govt. has considered the recommendations of the Sixth CPC for introduction of a Modified Assured Progression Scheme (in short „MACP Scheme‟) and had accepted the same with further modification to grant three financial upgradations under the said MACP Scheme at intervals of 10, 20 and 30 years of continuous regular service vide OM dated 19.5.2009 (Annexure No.8) and the same was give effect to w.e.f. 1.9.2008. The revised pay scale of Rs.5000- 8000/- is the pay scale in the Pay Band of Rs. 9300-34800 with Grade Pay of Rs.4200/- and as such the applicant on completion of 30 years of regular service is entitled for grant of 3rd financial upgradation under the said MACP Scheme in a Grade Pay of Rs.4600/-.

5. Learned counsel for the applicant has argued that the grievance of the applicant is that on completion of 30 years of service, the applicant ought to have been granted the Grade Pay of Rs.4600/- in the corresponding Pay Band, consequent upon grant of 3^rd MACP Scheme financial benefits. However, the same has not been granted to the applicant, instead the respondents while granting the 3^rd MACP to the applicant had increased the pay of the applicant by granting 3% increment, which is not in consonance with the decision of the Hon‟ble Supreme Court in the case of Union of India and others vs. M.V. Mohanan Nair, reported in AIR 2020 SC 5107, in which, the Hon‟ble Supreme Court held that “MACP Scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay”. Thus the said MACP Scheme is intended to provide relief against stagnation and the said Scheme provides three financial upgradations in next Grade Pay to an employee, who has completed 10, 20 and 30 years of regular service in the same post, if not granted promotion(s).

5.1 Lear