The court ruled that recovery of excess payments, if made after significant time lapses, is impermissible under the law, emphasizing financial upgradation rights under the MACP scheme.

ORDER

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The applicant has filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief(s) :-

“8.1 May kindly be pleased to quash and set aside impugned Orders at Annexure A/1, A/2 and A/3 respectively and issue appropriate directions to the Respondents to release the money recovered from the Applicant vide impugned order dated 04.09.2015 (Annexure A-2),

8.2 Direct the Respondents to extend the benefit of High Court of Madras in WP No 13225/2010 Sh. M Subramaniam vs Uol & Ors and accordingly quash the offsetting of MACP up-gradation with the time scale and direct the Respondents to grant grade pay of Rs. 6600 & Rs. 7600 respectively on 2nd & 3rd MACP upgradation to the Applicant after completion of 20 & 30 years of service along with arrears of pay and allowances;

8.3 Pass such other order as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. The narrated facts of the case by the learned counsel for the applicant are that the applicant initially joined as Inspector in PB-2 in the year 1986. Subsequently, he was promoted to the post of Superintendent in the pre-revised scale of Rs.6500- Date: 2026.01.07 10500 (revised to Rs.7500-12000) w.e.f. 30.09.2002 vide order dated 23.09.2002. As per the recommendations of the 6^th CPC, the pay scale of Superintendents was revised from Rs.7500-12000 to the corresponding Pay Band & Grade Pay of Rs.4800 in PB-2 and after four years to the pay scale of Rs.8000-13500 with corresponding Pay Band & Grade Pay of Rs.5400 in PB-2. The 6th CPC also introduced the new scale of pay of Rs.8000-275-13500 (Group A Entry Grade) with corresponding Grade Pay of Rs.5400 in PB-3. The next promotional post for Superintendent is Assistant Commissioner which carries Grade Pay of Rs.5400 in PB-3. Since the applicant completed four years as Superintendent on 23.09.2006, his pay was fixed in Grade Pay of Rs.5400 in PB-2 vide order dated 18.06.2010.

3. Learned counsel for the applicant submitted that the applicant as on the date of the MACP i.e. 01.09.2008 already completed his 20 years of service and was eligible to be considered for next promotional Grade Pay of Rs.6600. However, the same was given to the applicant w.e.f. 01.09.2008 vide S.No.21 of Establishment Order No.89/2010 dated 24.05.2010 in Date: 2026.01.07 the same Grade Pay of Rs.5400 in PB-3 with granting of an increment. The benefit of second MACP was withdrawn vide impugned Establishment Order No.146/2014 dated 14.07.2014 (Vide Sl. No.70). The copy of the said order was not handed over to the applicant till 18.06.2015, when the recovery was ordered. Vide order dated 19.06.2015, the pay scale of the applicant with Pay Band and Grade Pay was revised downward. Resultantly, a recovery of Rs.1,30,251/- was ordered with effect from August, 2015.

4. Learned counsel for the applicant submitted that the applicant was given 3^rd MACP after completion of 30 years of service w.e.f. 17.05.2016 vide Establishment Order No.210/2016 dated 24.11.2016 (Serial No.41) and he was granted Grade Pay of Rs.5400 in PB-3 as per MACP scheme.

5. Learned counsel for the applicant submitted that as per the judgment of the Hon’ble High Court of Madras in Writ Petition No.13225/2010 titled Sh. M. Subramaniam Vs. Union of India, the applicant is entitled for grant of MACP with Grade Pay of Rs.6600 in PB-3 w.e.f. 01.01.2006. The applicant also submitted a representation to the res