Non-functional grade pay upgradation counts as financial upgradation under MACPS, offsetting subsequent claims; GP Rs.5400 in PB-2/PB-3 treated separately per Para 8.1.

( By Advocate Shri D.A. Dube ). Order reserved on : 18.12.2025 Order pronounced on : 24.02.2026 O R D E R Per : Shri Krishna, Member (A)

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to claim for the following reliefs:-

“8.1(a) That the Hon’ble Tribunal may be pleased to call for the records from the Respondent No.2, which made them change the clarification dated 26.05.2015 and also call for the legal basis for issue the clarification dated

20.06.2016.

8.1(b) That the Hon’ble Tribunal may be pleased to ask Hem M a a n h t a A b n a a l nt DD044MRLDF d0 oo iN ea a gfe cx at h 6: eai 6f t s t a 98 aC : t 0 o Pib 5l o2 =22n y a a Dn0 I,1: N l 1 s :2F S8I 4i, 6 d g a = R O . f n m M 0 e6 e e= 3 63 a a dP t. 31h h d0 ed6 b e a e6 r3d y r r s a1 cc o V H u3 sde n e t h e : 17h0 a r t m36 s o r 5 l,a68 i r a :o T 2 ,cb n o n 5 8 S= d t f : 2 + 9 3 E A t 2 h 0 0 8 2R n 0 i 2 5 0 7 s a 2 I5 ' 7 3A 3 n 4 df , 0 L5 t . o aO ' N2 M c 4I 0 u U8Da 5m dM h. 8 22a e B53b n 5 fE0e a t 4Rcc la3=66a 536 =7a c c d51 2bf a d4e 614 a29 0ad 2287b 92f 0 41926 f3b 0c5 77a 2db 4c2 17da2 319 120 06f 916 ,21 C1a,N 2 Pb = 1oH 9se 8tam , lCP an hot od A nee=n = ant the Respondent No.3 i.e. DoPT to clarify as to whether any factual situation has undergone any material change since the clarification issued by them on 05.05.2015 with reference to case of Shri R. Chandrashekaran that has made them to issue fresh advice resulting in issue of clarification dated 20.06.2016 by Respondent No.2.

8.1(c) That the Hon’ble Tribunal may be pleased to ask / call for the records from the Respondent No.4, that had made them to issue the corrigendum under F.No.II/39 (COM) MACPS-4/2013 dated 25.09.2014 to the Estt. Order No.18/2013 dated 21.01.2013, under which the benefit granted with G.P. of Rs.6600/- under 3^rd MACPS to the Applicant vide Estt. Order No.18/2013 dated 21.01.2013 was withdrawn and legal basis therefor.

8.1(d) That the Hon’ble Tribunal may be pleased to ask / call for the records from the Jurisdictional Commissioner i.e. Respondent No.5 who was made to issue Pay Fixation Order dated 08.12.2016, reducing the G.P. when the issue had already reached finality in case of Shri S. Balkrishanan cited above and legal basis for issue of Pay Fixation Order, reducing the G.P. from Rs. 6600/- to Rs. 5400/-.

8.2. That the Hon’ble Tribunal may be pleased to hold and declare that the Applicant (having received only one promotion and 2^nd ACP prior to 01.09.2008 and since issue had already reached finality in case of Shri S. Balkrishanan cited above and the Applicant happens to be a similarly placed officer like Shri S. Balkrishanan) is entitled to 3^rd financial upgradation under MACP with G.P. of Rs.6600/- in P.B.-3 on completion of 30 years of service.

8.3. That the Hon’ble Tribunal may be pleased to quash and set aside the corrigendum dated 25.09.2014 issued by Respondent No.4, and the impugned Clarification dated 20.06.2016 issued by respondent No.2 and consequently the pay fixation orders dated 08.12.2016 and 13.01.2017 by the jurisdictional Commissioner, i.e. Respondent No.5 with the directions to revise the Pay Fixation Order dated 08.12.2016 with G.P. of Rs.6600/- in Hem M a a n h t a A b n a a l nt DD044MRLDF d0 oo iN ea a gfe cx at h 6: eai 6f t s t a 98 aC : t 0 o Pib 5l o2 =22n y a a Dn0 I,1: N l 1 s :2F S8I 4i, 6 d g a = R O . f n m M 0 e6 e e= 3 63 a a dP t. 31h h d0 ed6 b e a e6 r3d y r r s a1 cc o V H u3 sde n e t h e : 17h0 a r t m36 s o r 5 l,a68 i r a :o T 2 ,cb n o n 5 8 S= d t f : 2 + 9 3 E A t 2 h 0 0 8 2R n 0 i 2 5 0 7 s a 2 I5 ' 7 3A 3 n 4 df , 0 L5 t . o aO ' N