The applicant is entitled to ACP and MACP benefits despite prior promotions since non-beneficial promotions do not negate financial upgradation under the schemes.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant has sought for the following relief(s):

“(i) direct the respondent to provide financial benefits to the applicant under the 2nd ACP from 2004 in the pay scale of PB-1 Rs. 4000-6000 (GP 2800) and thereafter for 3rd MACP w.e.f. year 2010 in GP 4200; and/or

(ii) award interest @ 18% to the Applicant against the Respondent on the delayed payment of financial benefits to the applicant under the 2^nd ACP from 2004 in the pay scale of PB-1 Rs. 4000-6000 (GP 2800) and thereafter for 3rd MACP w.e.f. year 2010 in GP 4200 from the date he became eligible till the date of payment;

(iii) direct the respondent to pay retiral dues on the basis of the pay upgradation of the applicant under the 2nd ACP from 2004 in the pay scale of PB-1 Rs. 4000-6000 (GP 2800) and thereafter for 3rd MACP w.e.f. year 2010 in GP 4200

(iv) pass such other further order or orders as may be deem fit and proper under the circumstances of the case.”

2. Learned counsel for the applicant submitted that the applicant was appointed as Lab Attendant in the pay scale of Rs.200-270 on 09.01.1980 and thereafter promoted as Assistant Filter Supervisor in the pay scale of Rs.950-1400 on 13.04.1993. On 27.10.1997, he qualified written test for the post of LDC, however, he was given earlier pay scale of Rs.950-1400/1500 (revised pay scale of Rs.3050-4590/- under 5th CPC). After qualifying the exam, the applicant was given an increment due to higher and additional responsibility.

2.1 The learned counsel for the applicant contended that the applicant was promoted once in 1993 and, hence, he was eligible for pay upgradation under 2nd ACP from 2004 in PB-1 Rs.4000-6000 (GP Rs.2800/-) and, thereafter, for 3rd MACP w.e.f. 2010 in Grade Pay of Rs.4200/-, like other similarly placed employees. She also submitted that the applicant was in the same Grade Pay of Rs.1900/- since 1993 till 2013 and got promotion as UDC in PB-1 Rs.5200-20200 (Grade Pay Rs.2400/-) vide order dated 26.07.2013, whereas he was eligible for two financial upgradations under 2nd ACP and 3rd MACP in 2004 and 2010, respectively. He got retired from service on 30.04.2015 on attaining the age of superannuation.

2.2 After his retirement, the applicant filed application/appeal(s) under RTI Act, 2005. In response thereto, the respondent issued office order dated 20.06.2018 (Annexure A-3) whereby he was given 2nd ACP w.e.f. 09.01.2004 in the pay scale of Rs.4000-6000 and 3rd MACP w.e.f. 09.01.2010 in Grade Pay of Rs.2800/-. However, when the ibid order was not implemented by the respondent, the applicant again filed an application dated 09.12.2010 before the competent authority under DRTI Act, 2001 and thereafter an appeal dated 28.01.2021 before Public Grievance Commission, which was disposed of vide order dated 15.04.2021. In the meantime, order dated 22.03.2021 (Annexure A-6) was issued by the respondent withdrawing order dated 20.06.2018, without assigning any reasons and giving him only 3rd MACP w.e.f. 09.01.2010 in Grade Pay Rs.2400/-. Thereafter, the applicant ran from pillar to post seeking the basis of order dated 22.03.2021, but nothing happened despite assurances given to him. He also preferred representation/legal notice dated 03.11.2023, in response to which, the respondents vide order dated 20.11.2023 informed that he is eligible only for 3rd MACP w.e.f. 09.01.2010 in Grade Pay of Rs.2400/-, which is much less than what was given to similarly situated