Grant of financial upgrade under the MACP scheme does not constitute a promotion and does not render an employee ineligible for promotion if they have already rendered the requisite period of service in the lower grade as prescribed by recruitment rules.

O R D E R

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

i) Annexure A-1 dated 26.11.2019 and order dated 11.05.2017(A-6) denying promotion to the applicant as LDC be declared as wholly illegal, arbitrary, unreasonable well as violative of principles of natural justice and also being discriminatory be quashed.

ii) Direction be issued to respondents to promote the applicant as LDC from the same date similarly placed employees have been promoted vide Annexure A-5 dated 13.04.2017 and to grant him all consequential benefits.

2. The applicant was initially appointed as Mazdoor in the office of 11 FOD, C/o 56 APO at Bhatinda in the pay scale of Rs.2550-3200. He was transferred Jalandhar. 01.03.2002. He was enrolled as T/Mate on 01.03.2002.

3. After of the implementation recommendations of 6th Pay Commission w.e.f. 01.01.2006, a common scale of Rs.5200-20200 was given to Group-C & D category. The only difference was that Group-C category was given the grade pay of Rs.1900/- whereas Group-D was given grade pay of Rs.1800/-.

4. The respondents introduced MACP Scheme 2008 w.e.f. 01.09.2008. As per the Scheme an employee was entitled for 1st, 2nd & 3rd MACP on completion of 10, 20 & 30 years of service if he had not earned any promotion. Even on completion of 10 years of service, the applicant did not earn any promotion, so the benefit of 1st MACP was to granted the applicant in the Grade Pay of Rs.1900/- w.e.f. 01.03.2012.

5. The respondent no.3 vide letter dated 10.02.2016 invited applications from Group-C employee in PB-I for LDCE for the post of LDC against 5% quota. The applicant fulfilled all the eligibilities for promotion to the post of LDC and the applicant applied for the LDCE for the post of LDC (5% quota). The LDCE for the post of LDC against 5% quota was held 30.04.2016. On 28.04.2016 (A-3) a letter was issued to the effect that three candidates be relieved on 30.04.2016 to appear for written test. The name of the applicant figured at Sr. No.(a) in the said letter. The applicant appeared in the LDCE on 21.03.2017, the result of LDCE for the post of LDC was declared by respondent no.3, wherein the name of the applicant figured at Sr. No.12 in the list attached as Appendix-A with the letter dated 21.03.2017. On 13.04.2017, promotion-cum-posting order was issued for the selected candidates as per letter 21.03.2017 and the applicant was posted as LDC in the office of respondent no.4. The applicant was working as Mate prior to his promotion as LDC. The name of applicant was figured at Sr. No. (xii) against the 5% quota. In view of the letter dated 13.04.2017, applicant submitted joining report as LDC in the office of respondent no.4, however, the respondent no.4 kept the joining report of the applicant pending. On 04.05.2017, respondent no.3 gave the signal to the effect that since the applicant was in the grade pay of Rs.1900/- at the time of moving the application for promotional test, he cannot be considered for promotion to the post of LDC. On the basis of signal dated 04.05.2017, respondent no.4 passed the order on 11.05.2017.

6. The promotion to the post of LDC is governed by the Statutory Recruitment Rules framed by the respondents under Article 309 of the Constitution of India called the Army (Group-C posts of Upper Division Clerk & Lower Division Clerk) Recruitment Rules, 2000. Applicant being eligible, appeared and qualified the same as he had rendered more than 3 years service in the Grade Pay of Rs.1800/- on the date of eligibility. It is only