The Tribunal clarified financial upgradation eligibility timelines under the MACP Scheme, adhering to precedents set by prior Supreme Court judgments.

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Briefly speaking the factual matrix is as under – the applicant commenced service as a Stenographer with respondents on 19.08.1983. Later he was promoted as Intelligence Officer on 16.03.1990 and further he was granted 2^nd financial upgradation under MACP Scheme with effect from 01.09.2008. He is presently working as Senior Intelligence Officer under the 4^th respondent with effect from 30.07.2009. The claim of the applicant was for 2^nd financial upgradation with effect from 01.01.2006 to the Grade Pay of Rs.4800/- and the Grade Pay of Rs.5400/- with effect from 01.01.2010 as per Para x(e) of the Resolution dated 01.09.2008 under the MACP Scheme.

2. During the course of hearing the applicant himself has submitted that all his claims were covered by the judgment of the Hon'ble Supreme Court in the case of M.Subramaniam vs. Union of India & Ors. In SLP (C) No.17576/2017, and therefore, he has requested that since he was first appointed as a Stenographer on 19.08.1983 and Intelligence Officer on 16.03.1990, he would be eligible for 2^nd financial upgradation under the erstwhile ACP Scheme on completion of 24 years in Grade Pay Rs.4800/- with effect from 19.08.2007. However, he was given 2^nd financial upgradation under MACP Scheme only with effect from 01.09.2008. Therefore, he would be eligible for the 2^nd financial upgradation correctly speaking on the date of completion of 24 years of service under the ACP Scheme which would be 19.08.2007. Further, he was given NFSG Grade Pay of Rs.5400/- with effect from 29.07.2013 on completion of 4 years of actual working as Senior Intelligence Officer to which position he was promoted on 29.07.2009 instead of which he would be eligible for the same with effect from 4 years from the date he got placed in the Grade Pay of Rs.4800/-, ie., with effect from 19.08.2011.

3. In view of the above, as per the settled rule position, the applicant is eligible for the Grade Pay of Rs.5400/- in Pay Band 2 with effect from the date on which he completes 4 years of service from the date he got the Grade Pay in Rs.4800/-. In the case of the applicant because of the 2^nd financial upgradation under the erstwhile ACP Scheme was recommended with effect from 19.08.2007, he would be eligible for the pay fixation under NFSG with effect from 19.08.2011 on the basis of the decision of the Screening Committee held on 18.10.2019. He, therefore, would no longer be eligible for 3^rd financial upgradation to the Grade Pay of Rs.6600/- under MACP Scheme, as grant of NFSG to the Grade Pay of Rs.5400/- in PB-2 would be treated as a financial upgradation under the MACP Scheme. But it is made clear that any relief relating to arrears would be limited to the period of three years prior to the date of filing of the O.A as directed by the Hon'ble Supreme Court in Union of India & Anr. vs. Tarsem Singh, 2008 (8) SCC 648. His pay may be refixed on the basis of the above and to be paid within a period of four months from the date of receipt of a copy of this order, failing which he would be entitled to 6% interest on the delayed payment. Ordered accordingly.

4. The O.A is disposed of accordingly. No order as to costs.

(Dated this the 30^th day of January, 2026)