Promotions obtained via LDCE are considered direct recruitment, thus not offsetting eligibility for MACP benefits.

ORDER

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. In the instant OA, the applicant being aggrieved with the Memo No. Staff/63-5/MACPs/2016 dated 05.12.2016 issued by the office of the Chief Postmaster General, Gujarat Circle Khanpur, Ahmedabad whereby the 3^rd Financial Up-gradation granted to the applicant in the grade pay of Rs. 4800/- with pay band of Rs. 9300- 34800 w.e.f. 15.11.2013 was withdrawn, has filed the present OA under Section 19 of the Administrative Tribunals Act , 1985 seeking following reliefs:-

“VIII. Relief/Reliefs Sought for:

In the above mentioned facts and circumstances of the case, the applicant most respectfully prays this Hon'ble Tribunal that_

i) May be pleased to admit and allow this original application.

ii) May pleased to declare the impugned Orders No.

a) Staff/63-5/MACPS/2016 dated 5-12-2016 issued by Chlef Postmaster Gujarat Circle, Ahmedabad -380 001 and annexed at Annexure A-1.

And

b) Para-2 of Audit Inspection Report of Nanpura Head Post-Office, Surat dated Audit Period from 12-1-2015 to 24-1-2015 issued by Director of Accounts (Postal) Gujarat Circle, Ahmedabad 380 001 and annexed at Annexure A-2. as unjust, unfair, irrational, unconstitutional, unreasonable, arbitrary, vindictive, discriminative and bad in law and to quash and set- aside the same.

iii) May be pleased to direct the respondents to place the case of the applicant before Review Screening Committee for consideration of grant of 3rd MACP from 22- 11-2013 with grade pay of Rs. 4800/-.

iv) May be pleased to direct the respondents to withdraw recovery orders annexed at Annexure A-2/1 and to direct to refund entire amount to the applicant recovered from him up till now.

v) May be pleased to direct the respondents to refix the pay of the applicant from 22-11-2013 and effect payment of arrears being arised by way of grant of relief at Sl. (iii) above.

and

vi) May be pleased to grant such other and further relief as deemed appropriate

2. Brief facts of the case are as under:-

2.1 It is submitted that the applicant was appointed as Postal Assistant in Kheda Postal Division on 12.11.1983. After completing 16 years of service in the cadre of Postal Assistant, the applicant was granted Time Bound One Promotion (TBOP) in Pay Scale of Rs. 1400/2300 (pre-revised) on 16.11.1999. Thereafter, the applicant cleared the Departmental Competitive Examination and promoted in the cadre of Inspector of Posts and posted as Instructor in Postal Training Center, Vadodara on 21.10.2002. Subsequently, the applicant was promoted as Assistant Superintendent of Post Offices on 31.12.2007.

2.2 Thereafter, on completion of 30 years service in the ASPOs Cadre, the Office of Chief Postmaster General, Gujarat Circle, Ahmedabad on the recommendations of the Screening Committee held on 25.09.2013, the applicant was granted higher financial up- gradation of 3^rd MACP in Grade Pay of Rs. 4800/- w.e.f. 15.11.2013 (Annexure A/3) refer.

2.3 It was submitted that the applicant was further promoted as Senior Postmaster on 22.12.2015 and posted at Valsad. Subsequently, he was transferred and posted as Senior Postmaster, Vadodara on 22.10.2016 and again he was transferred and is presently working as Superintendent of Post Offices, Bharuch from 06.01.2017.

2.4 It was further stated that during the course of inspection of Nanpura, Head Post-Office, Surat for the period from 12.01.2015 to 24.01.2015, the Audit party had raised impugned objection vide para 2 of the Audit Report wherein it was mentioned that as the official already granted three financial upgradation promotion, hence 3^rd MACP granted to the official w.e.f. 15.11.2