Promotion by clearing departmental examinations cannot be considered for ACP/MACP calculations under the applicable career progression schemes.

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) :-

"a) Pass an order quashing the impugned dated 10.01.2020, vide which the respondents have denied the legitimate requests of the applicant;

b) Pass an order for grant of benefits of ACP/MACP Scheme, by ignoring promotions attained through Departmental Examinations, while calculating АСР/МАСP, in pursuance to Memo No. В2/МАСР III/Digs/2016 dated 22.03.2017 of Department of Posts, Chennai in respect to compliance of the judgement of the Supreme Court of India in SLP No. 4848/2016;

c) Pass an order for grant of interest @ 6% for the delay caused in grant of the benefits of ACP/MACP scheme, to be counted from the day the said benefit became due to the applicant;

d) Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the applicant."

2. The factual matrix of the case, as explained by the learned counsel for the applicant, is that the applicant was appointed as Mailman Group 'D' on regular basis in Railway Mail Services (RMS), Branch Meerut Cantt., SH Division Saharanpur, Uttar Pradesh- 250001 on 28.04.1982 vide letter no. B-1/16C/Rectt/Class IV/81 dated 23.04.1982 of RMS 'SH' Division, Indian Posts & Telegraphs Department, Saharanpur. On clearing Departmental Examination held on 30.07.1995, the applicant was promoted to the post of Sorting Assistant on 24.06.1996, and was deputed for induction training course for the cadre of Sorting Assistants w.e.f. 08.04.1996 to 22.06.1996. Accordingly, the applicant completed his 12 years regular service on 27.04.1994 and he was entitled for grant of 1st ACP. Thereafter, the applicant was entitled for grant of 2nd ACP on completion of his 24 years regular service i.e. on 27.04.2006 as per ACP Scheme. However, the applicant never received the benefits of the ACP Scheme.

3. Learned counsel for the applicant submitted that in June, 2010, a wrong penalty was imposed upon the applicant vide Memo dated 16.06.2010 (Annexure- A/4), whereby the Grade Pay of the applicant was reduced two steps down from Rs.12,980/- to Rs.12,230/- for a period of three years. However, on applicant's appeal dated 05.07.2010, his punishment was revised by reducing it only one stage for three years without cumulative effect vide letter dated 06.04.2011. Learned counsel for applicant submitted that the applicant was directly granted 2^nd MACP w.e.f. 01.07.2013, in the Grade Pay of Rs. 2800/- vide order dated 17.10.2017.

4. Learned counsel for the applicant further submitted that the applicant has been deprived of 1st ACP, 2^nd ACP and thereafter, 3^rd MACP due to incorrect determination of his regular service and promotion. Hence, the OA.

5. The contention of the learned counsel for the applicant is that the applicant was entitled for 3^rd MACP on completion of 30 years of regular service on 27.04.2012. It is submitted that promotion to the next post in hierarchy, which is attained by clearing departmental examination, cannot be counted as promotion while calculating ACP/MACP. It is also submitted that the promotion achieved by clearing a departmental exam is earned by an employee on his own merit.

6. It is contended by the learned counsel for the applicant that the applicant completed his 12 years regular service on 27.04.1994 and he was entitled for grant of 1^st ACP w.e.f. 09.08.1999 i.e. the date of implementation of ACP scheme and he was entitled for grant of 2^nd ACP on completion of his 24 years regular service i.e. on 27.04.2006. It is also contended that after the implementation of MACP Scheme, the applicant was entitled for 3rd MACP on completion of 30 years of regular service counted