Pre-2006 placements/promotions in merged grades (same GP post-6th CPC) ignored for MACP reckoning; 3rd upgradation to GP 4600 after 10 years stagnation in GP 4200 without promotion.

ORDER

By Dr. Chhabilendra Roul, Member (A)

The present OA has been filed by the applicants, 36 in number, under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“i) To declare the action of the respondents in not granting the Grade Pay of Rs.4600 in PB-II 9300-34800, to the applicants as illegal, arbitrary and unjustified and direct the respondents to grant Grade Pay of Rs.4600 in PB-II to the applicants with all consequential benefits from the date of completion of 20 years of regular service.

ii) To direct the respondents to grant grade pay scale of Rs.9300-34800 with grade pay of Rs.4600 to the applicants on the date of completion of 20 years of service to be counted from initial appointment.”

2. Factual Matrix

2.1 The applicants joined with the respondents as Workmen (semi-skilled) on various dates in 1987. They moved in the hierarchy of Fitter Skilled Grade, Fitter(I)/ HS-II, Fitter (I)/HS -(II), Fitter(I)/MCM, Chargeman- II/Tech-Mechanical, JWM/ Tech Mechanical before their retirement. A sample description of Applicant No.1 was furnished by the learned counsel for the Respondents on 06.01.2025, which was taken on record. As per this description, the promotions and movement in the hierarchy of the applicants in various semi-skilled, skilled, highly skilled Fitter, Chargeman, JWM/Tech Mechanical Grades are given below:

“iv) Wherein the grant of Grade Pay of Rs.4600/- under 3rd MACP as sought as relief by Group C employees of OLF through the OA is invalid and superseded in view of the clarification issued by MOD vide I.D. No.11(5)/2009-D (Civ.I) dated 23rd July, 2012.

v) A sample graphical position of the above career status of the applicants is being drawn by official records of one applicant Shri Manjeet Singh is appended below for ready reference:

1. SHRI MANJEET SINGH RAWAT was appointed as Workman (Semi/Skilled) w.e.f 01-07-1987 in the pay scale (Rs.800-12-920-EB-15-1070-20- 1150) and the Fitter (Instrument) Skilled grade in the pay scale (950-1500) w.e.f 26-08-1980.

2. SHRI MANJIT SINGH RAWAT was promoted as Fitter(I)/HS-II in the pay scale (1200-30-1440-EB-40-1800) w.e.f. 23-10-1992.

3. SHRI MANJEET SINGH RAWAT was promoted as Fitter(1)/HS-I in the pay scale (4000-100-6000) w.e.f. 31-03-2000.

4. SHRI MANJEET SINGH RAWAT was placed as Fitter(1)/MCM in the pay scale Rs.4500-7000 w.e.f. 20.05.2003.

5. SHRI MANJEET SINGH RAWAT was promoted as Chargeman-II/Tech-Mechanical in the pay scale Rs.5000-8000 w.e.f 19-07-2007.

6. Pay fixation of SHRI MANJEET SINGH RAWAT has been made as per revised pay scale Rs.9300-34800 and G.P. Rs.4200/- to the post of MCM w.e.f. 01-01-2006.

7. Pay fixation of SHRI MANJEET SINGH RAWAT has been made with one additional increment of 3% to the post of C/M in pay scale Rs.9300-34800 & G.P. Rs.4200/- w.e.f. 19-07-2007.

8. SHRI MANJEET SINGH RAWAT was promoted as JWM/Tech-Mechanical in the pay band-2 (Pre-revised pay scale Rs.9300-34800/- & G.P.4600 w.e.f. 11-03-2019.”

2.2 The applicants represented the respondents on various dates during the period 2013-2015 to grant them the 2nd Financial upgradation stating that before introduction of the MACP Scheme with effect from 2008, they got only one promotion, and therefore, after completion of 20 years’ service, they were supposed to get 2nd Financial upgradation in pay scale of Rs.9300- 34800/- with grade pay of Rs.4600/-. However, the respondents did not respond to the representations of the applicants. Being aggrieved, they have filed the present OA seeking the above relief.

3. Notice was issued to the respondents who have filed their reply. The applicants have also filed their rejoinder to the reply filed by the respondents.

4. Submission by learned counsel for the applicant

4.1 Learned counsel for the applicants draws our attention to the fact that the averment made in the counter affidavit wherein it has been stated that the post of