Non-functional scales are not regarded as financial upgradations under the MACP Scheme, affecting eligibility for further benefits.

ORDER

Per: Mr. Braj Mohan Agrawal, Administrative Member

The applicant joined Central Administrative Tribunal, Mumbai on 03.04.2000 on deputation basis as Personal Secretary which was treated as a fresh recruitment for the purpose of ACP/MACP. The applicant was granted non- functional scale of Rs.8000- Rs13,500/- on completion of 4 years of approved service w.e.f. 03.04.2004 and was fitted in PB3 with a grade pay of Rs.5400/- w.e.f. 01.01.2006. Later, he was granted 2^nd financial upgradation under MACP Scheme w.e.f. 03.04.2014 i.e. ten years from the date on which he was granted NFSG, treating the grant of NFSG in the scale of Rs.8000- 13,500/-offset as 1^st MACP to the grade pay of Rs.6,600/-. The applicant submits that NFSG is an integral part of the pay scale attached to the post of PS/SO in CAT and cannot be counted as an upgradation under ACP Scheme and later on MACP Scheme. The Hon'ble High Court of Delhi and also this Tribunal took a view that non-functional upgradation is not a financial upgradation under ACP/MACP Scheme. The applicant made a request accordingly to grant 1^st MACP benefits w.e.f. from 03.04.2010 and is aggrieved by Annexure-A9 order, rejecting his request for granting 1^st upgradation under MACP Scheme w.e.f. 03.04.2010, i.e. ten years from the date of joining CAT.

2. The applicant submitted that pursuant to the order of the Principal Bench of CAT in OA No.164/2009 and OA No.475/2006, the 3^rd respondent granted grade pay of Rs.4800/- in PB2 and Rs.5400/- in PB 3 on completion of 4 years of regular service in that grade of Private Secretary or Section Officer of CAT. In the same order non-functional pay scale of Rs.8000-13,500/- was also extended to Private Secretary/Section Officer of CAT, who have put in 4 years of regular/approved service in the grade w.e.f. 01.01.1996 notionally and on actual basis w.e.f. 03.10.2003 at par with Central Secretariat Stenographers Service.

3. The applicant submits that in compliance of CAT, Bombay Bench order in OA No.52/2013 dated 28.03.2014 his period of deputation before absorption was counted for grant of NFSG in the Scale of Rs.8000- 13,500/- (Annexure-A1). The applicant's pay was refixed vide order dated 01.05.2009 by the CAT, by extending the non-functional scale of Rs.8000- 13,500/- on completion of 4 years of approved service w.e.f. 03.04.2004 and was fitted in PB3 with a grade pay of Rs.5400/- w.e.f. 01.01.2006.

4. The applicant claims that he joined the CAT, Mumbai on deputation basis on a higher scale as PS which was treated as a fresh recruitment for the purpose of ACP/MACP. He has not been granted any promotion during the last 18 years ever since he joined the service of CAT as PS on 03.4.2000. While so, the applicant was granted 2^nd financial upgradation under MACP Schme w.e.f. 03.04.2014 i.e. ten years from the date of which he was granted NFSG, treating the grant of NFSG in the scale of Rs.8000-13,500/- offset as 1^st MACP, to the grade pay of Rs.6,600/-. In as much the applicant had completed only 14 years service it cannot be called a 2^nd financial upgradation but only the first one. In fact, this financial upgradation should have been granted w.e.f. 03.04.2010 the date on which the applicant had completed 10 years of regular service in CAT.

5. The applicant submitted representation on 12.02.2008 to the 1^st respondent for grant of 1^st upgradation under MACP scheme with effect from 03.04.2010, which has been rejected by the 2^nd respondent vide Memorandum dated 02.08.2018 (Annexure-A9). Applicant claims that grant of the scale of Rs.8000- Rs.13,500/- on completion of 4 years of service is not a financial upgradation under ACP Scheme. It was only a placement in