Uniform ACP/MACP benefits mandatory for similarly placed Mazdoor employees under same ministry; selective denial violates Arts. 14 & 16.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) That impugned order dated 02.07.2020 (Annexure A-1), denying the benefit of 2nd ACP in G.P. of Rs. 2400/- and Rs. 2800/- be declared as wholly illegal, arbitrary and therefore cannot be sustained in the eyes of law.

b) That respondents be accordingly directed to grant the applicants benefit of three grade structure and the benefit of 2nd ACP & 3rd MACP on completion of 24 & 30 years of service respectively, in G.P. of Rs. 2400/- and Rs. 2800/-, with all consequential benefits.

c) That this Hon'ble Tribunal may also pass any other order in favour of the applicants which it may deem fit in the peculiar facts and circumstances of the case.

d) That costs of the application may also be awarded in favour of the applicants.

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The applicants, six in number, were initially appointed on regular basis as Mazdoor in the respondent department during the period between 1979 and 1983. At the time of their initial appointment, they were placed in the pay scale of ₹196–232, which was subsequently revised to ₹750–950 pursuant to the recommendations of the 4th Central Pay Commission and further revised to ₹2550–3200 under the 5th Central Pay Commission.

b) The Government of India introduced the Assured Career Progression (ACP) Scheme vide Office Memorandum dated 09.08.1999, providing for two financial upgradations on completion of 12 and 24 years of regular service in cases where no regular promotion was available. In terms of the said scheme, the applicants, having already completed more than 12 years of service by that time, were granted the first financial upgradation and placed in the pay scale of ₹2610–4000 with effect from 09.08.1999. Thereafter, on completion of 24 years of service, the applicants were granted the second financial upgradation in the pay scale of ₹2650–4000, as admissible under the ACP Scheme.

c) Subsequently, the Modified Assured Career Progression (MACP) Scheme was introduced, replacing the earlier ACP Scheme. Under the MACP Scheme, three financial upgradations were envisaged on completion of 10, 20, and 30 years of service. The applicants were accordingly granted the third financial upgradation under MACP; however, instead of being granted the Grade Pay of ₹2800, they were granted Grade Pay of ₹2400 vide order dated 19.09.2012.

d) The applicants contend that despite having rendered uninterrupted service for nearly three to four decades and despite having remained in the same cadre without any promotional avenue, they were denied the benefit of a three- grade structure and corresponding financial upgradations, which were extended to similarly placed Mazdoor/Tradesman Mate employees in other units under the same Ministry of Defence. It is pleaded that Mazdoors in other formations, including Ordnance establishments and MES, were granted higher grade pay benefits under ACP/MACP schemes, whereas the applicants were arbitrarily denied the same.

e) It is further averred that the issue relating to entitlement of Mazdoor/Tradesman Mate employees to higher grade pay was examined by the Ministry of Defence, which issued clarificatory orders dated 26.04.2017 and 30.07.2018. As per these communications, Mazdoor (re-designated as Tradesman Mate) employees who had completed the requisite years of service were held entitled to the grant of second ACP in Grade Pay ₹2400 and third MACP in Grade Pay ₹280