CENTRAL ADMINISTRATIVE TRIBUNAL HYDERBAD BENCH CIRCUIT SITTING AT VIJAYAWADA OA/020/237/2018 HYDERABAD, this the 19^th day of February, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Ch. Suryanarayana S/o Late Sri Sundera Ramayya Aged about 64years, Occ: Postal Assistant Retd O/o. Head post office, Visakhapatnam Division R/o. D.No.2-16, Sankatram Village, Rebaka B.O Nidanamdoddi, So, Anakapally, Visakhapatnam.

.....Applicant.

(By Advocate: Mr. K Phani Raju)

Vs.

1. Govt. of India, Rep. by The Director General of posts, Department of Posts Ministry of Communications, Dak Bhavan, New Delhi

2. The Chief Post Master General, A.P.Circle, Krishnalanka Vijayawada-520013 3. The Senior Superintendent of Post Offices, Visakhapatnam Division. Visakhapatnam -530001..

... Respondents (By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)

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Digitaly signed by KARAN KARA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR Page 1 HACA BHAWAN HYDERABAD, Phone=

cf00bb597b6051b5a127d240a608798336d0ecf5a9520 b4016989e62ec92ac4e, SERIALNUMBER=

N 7b186a9ebeb495c45ee0951ce6dd507a1eb40e8c125e

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“ The Hon'ble Tribunal may be pleased to declare the action of the

respondents in not granting the 3rd MACP in higher Promotional grade pay of Rs.4600/- by Treating the grade pay granted of Rs. 4200/- and as 2d AC rejecting the request of the applicant by the respondents vide No. B2/29(A) dated.01.2018 quash and set aside the same holding it as illegal, arbitrary and un-constitutional violating the provisions under Article 14 &16 of the Constitution of India And Consequently Direct the Respondents to grant the 3rd MACP in the Next available Promotional grade pay of Rs. 4600/- as MACP-III by treating granting grade pay of Rs. 4200/- as MACP-II with all consequential benefits from the date of eligibility on completion of 20 years and 30 years in the cadre of Postal Assistant as is granted to similarly situated persons in the catena of judgments and has been upheld by the Apex court and pass any other order as is deemed fit, proper and necessary in the

circumstances of the case and interest of Justice.”

2. The brief facts of the case are that the applicant was appointed to the post of Postman w.e.f., 18.02.1277, thereafter he was promoted to the post of Postal Assistant w.e.f., 08.03.1983. The applicant was granted financial up gradation under TBOP scheme on 16.03.1999, thereafter he was given the grade pay of Rs, 4200/-under MACP-III, w.e.f.01.09.2008 vide SPO Memo No. B1/641 dated 08.05.2010. The applicant retired on Superannuation after serving more than 30 years in the Postal Assistant cadre on.31.03.2013. The applicant further submits that he was stagnated for 30 years without any further promotion in the Postal Digitaly signed by KARAN KARA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=DEPARTMENT OF PERSONNEL Page 2 AND TRAINING, PostalCode=500004, L=Hyderabad, S=Telangana, STREET=NO 5-10-193 1ST FLOOR HACA BHAWAN HYDERABAD, Phone=

cf00bb597b6051b5a127d240a608798336d0ecf5a9520 b4016989e62ec92ac4e, SERIALNUMBER=

N 7b186a9ebeb495c45ee0951ce6dd507a1eb40e8c125e Assistant cadre by thus he was entitled for 3 financial Up gradations in the in the Postal Assistant cadre as per the guidelines mentioned in the MACP Scheme. The applicant was given one financial upgradation under TBOP in the grade of 2800/- wef., 16.03.1999 and another Financial upgradation wef.,01.09.2008 vide orders dated 08.05.2010 in the pay grade of Rs.4200/- treating it as III MACP. In fact the applicant is entitled for 3 financial upgradations as per the MACP scheme in the cadre of Postal Assistant, i.e., Two more Financial upgradations after the TBOP i.e., MACP-II in the pay grade of Rs.4200/- and anothe