Financial upgradation schemes like ACP are executive policies, not vested statutory rights. Upon implementation of the MACP scheme, ACP benefits granted after the cut-off date were validly withdrawn; however, recovering erroneously paid amounts from an innocent employee is impermissible under equitable principles.

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The Applicant who was initially appointed on 08.03.1985 against the Direct Recruitment quota and is working as Junior Engineer (Civil) under the Delhi Development Authority (DDA) has filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-

(i) to declare the action of respondents in reducing the pay scale of applicant from Rs. 15600-39100 with grade pay of Rs.6600 to Rs. 9300-34800 with grade pay of Rs. 4600 as illegal, arbitrary and unconstitutional and direct the respondents to restore the pay scale of Rs. 15600-39100 with grade pay of Rs.6600 to the applicant w.e.f. March 2009 and grant grade pay of Rs. 7600 in PB-3 w.e.f. March 2015 with all arrears of pay and interest @ 12%.

(ii) To direct the respondents to implement their own order dated 11.05.2009 in true letter and spirit and restore the 2nd Financial Upgradation of applicant as granted vide EO No. 1073 dated 11.05.2009.

(iii) to allow the OA with exemplary cost.

(iv) To pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”

2. Learned counsel for the applicant submitted that despite rendering long years of service, the Applicant was not granted any promotion to higher posts such as Assistant Engineer or Executive Engineer, resulting in stagnation in the same post.

3. Learned counsel for the applicant further submitted that pursuant to the recommendations of the 5th Central Pay Commission, the Government of India introduced the Assured Career Progression (ACP) Scheme vide O.M. dated 09.08.1999, providing two financial upgradations after completion of 12 and 24 years of regular service where no promotion had been granted. Therefore, the Applicant was granted the 1st Financial Upgradation in the pay scale of Rs. 6500-10500 vide order dated 12.07.2001, upon completion of 12 years of regular service and 2nd ACP was granted to him on completion of 24 years of regular service in the pay scale of Rs. 10000-15200 vide EO No. 1073 dated 11.05.2009 with effect from 08.03.2009, along with other similarly placed employees.

4. Subsequently, the Department of Personnel and Training (DoPT) issued Office Memorandum dated 19.05.2009 introducing the Modified Assured Career Progression Scheme (MACP) providing three financial upgradations at intervals of 10, 20 and 30 years of service. The Respondent organization, being an autonomous body, adopted the scheme thereafter. Inspite of fact that the said MACP Scheme specifically provided that past cases where financial upgradations had already been granted under the earlier ACP Scheme were not to be reopened, the Respondents arbitrarily initiated action to withdraw the Applicant’s 2nd Financial Upgradation granted under the ACP Scheme, without issuing any show cause notice or passing any speaking order. Similarly situated persons approached the Tribunal by way of OA No.3829/2010, which was disposed of by protecting the interest of the applicants in the said OA.

5. Thereafter, in June 2010, the Applicant discovered through his salary slip that his Grade Pay had been reduced from Rs. 6600 to Rs. 4800, thereby effectively withdrawing the earlier financial upgradation. Aggrieved by the said arbitrary action, the Applicant submitted a representation dated 19.04.2011. As the Respondents failed to provide any explanation, the Applicant filed RTI applications