CENTRAL ADMINISTRATIVE TRIBUNAL HYDERBAD BENCH CIRCUIT SITTING AT VIJAYAWADA OA/020/0588/2021 HYDERABAD, this the 23rd day of April, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Shaik Sattar, S/o Late Shaik Lala Ahmmad, Aged 63 years, Occ: Sorting Assistant(Rtd)

HRO RMS AG-Dn. Guntakal..

.....Applicant.

(By Advocate: Mr. B Gurudas)

Vs.

1. Union of India Rep by The Chief Postmaster General, A.P. Circle, Hyderabad-500001.

2. The Postmaster General, Kurnool Region, Kurnool-515002.

3. The Superintendent, RMS G-Dn,Guntakal-515801.

... Respondents (By Advocate: Mr. D Satyaveer, Sr. PC for CG)

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Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

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5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

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

“This Hon'ble Tribunal may be pleased to call for the records pertaining to the inaction and inordinate delay in granting 2nd financial upgradation to the Applicant and declare the same, as illegal, arbitrary, contrary to the Rules and instructions prescribed and in violation of the principles of natural justice and the Articles 14, 16 and 21 of the Constitution, with a consequential direction to the Respondents to grant 2nd financial upgradation with grade pay of Rs. 4,200/- under MACP Scheme,2009 with effect from 1-9-2008 and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of

justice.”

2. The brief facts of the case are that the Applicant joined the Department as Mailman (Group-D) at Head Record Office RMS AG-Dn. Guntakal on 26-8-1977 and thereafter he was promoted as Mail Guard with effect from 13-12-1981. The Applicant appeared for LGO Examination held on 28-10-1982 and qualified in the same. After satisfactory completion of three months training, he was appointed as Sorting Assistant (Clerical cadre) w.e.f 09-11-1982. The Applicant was granted 1st financial upgradation with Grade Pay of Rs.2,800/- in the scale of pay of Rs. 4500- 125-7000 under Time Bound One Promotion Scheme 1983 w.e.f 14-11-1998 vide Memo. dt. 9-12-1998. He worked in the same post with the same grade pay of Rs. 2,800/- till his retirement in May, 2012. It is further submitted that the 3rd Respondent issued 3rd financial upgradation to the Applicant with grade pay of Rs.4,200/- w.e.f 01-01-2009 vide Memo. dt. 24-2-2009. This financial upgradation was subsequently cancelled and pay & allowances, paid to the tune of Rs. 1,13,314/-, was recovered vide Memo. dt. 9-11-2012. As per the subsequent clarificatory orders issued by the DG(P) OM No. 4-7(MACPS/2009-PCC Dt. 18-10-10, a Postal Assistant accorded financial upgradtion under Time Bound One Promotion Scheme, on completion of 16 years of service will become eligible for 2nd MACP on completion of 20 years of continuous service from the date of entry as Postal Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

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5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 Assistant or 10 years of service in TBOP grade pay or scale or combination of both, whichever is earlier. Such 2nd financial upgradation for the above referred category of officials has to be given from 1-9-2008. As the Applicant comes under this category, he is eligible for the 2nd financial upgradation w.e.f 01-09-2008. The applicant submitted his representations dt.01.10.2012, 09.06.2013, 19.01.2014, 09.09.2014 & 24.03.2015, for grant of 2nd fin