Erroneous ACP financial up-gradation can be withdrawn upon pay scale revision confirming substantive promotion from LDC to Junior Accountant.

O R D E R

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicants have filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s) highlighting the facts of the case:

“a) Permission may kindly be granted under Rule 4 (5) (a) to the applicants to join together and file a single application since having regard to the cause and the nature of relief prayed for they have a common interest in the matter,

b) The impugned Speaking Order be quashed;

c) The impugned letters/orders being contrary to law and rules be quashed;

d) The respondents be ordered/directed not to give any effect to the impugned letters/orders;

e) The respondents be further order/directed to restore the scale of pay of Rs.5000-8000/- to the applicants as already granted to them with consequential benefits of the newly introduced pay scales of the Organized Postal Accounts Service, the scale of Rs.5500-9000/- be granted to them as first financial upgradation under ACT Scheme from 09.08.1999 on notional basis with actual payment being made prospectively from 19.02.2003;

f) Cost of this application; and g) Any other order/orders, direction/directions which the Hon'ble Tribunal considers fit and proper in this case.”

2. The applicants were initially appointed as Sorting Assistants / Postal Assistants in the Postal Department in the Pay Scale Rs. 260-480/- (3^rd CPC). They were later absorbed as LDCs in scale Rs. 950-1500/- (4^th CPC) with pay protection under Rule 38 of the Postal Manual. They were promoted to the post of Junior Accounts Assistant in pay scale Rs. 4000/- - 6000/- (5^th CPC). They were granted first financial up-gradation under ACP scheme with effect from 09.08.1999 in the scale Rs. 5000 – Rs. 8000/- vide letter dated 16.04.2001 on the ground that their promotion to the post of Junior Accountant which was in the same pay scale i.e. Rs. 4000-6000/- did not give them any financial benefit vis-à-vis their pay in their entry grade which was Sorting Assistant. Pay scales of Sorting Assistants and Junior Accountants though different at the time of the applicants’ absorption as LDC, eventually became the same i.e. Rs. 4000-6000/-. Since the applicants were promoted in the same pay scale as that of the Sorting Assistants, they were considered eligible for grant of financial up-gradation after 12 years of total service including the period spent as Sorting Assistant under the ACP scheme.

Pay scale of Junior Accountants was changed to Rs. 4500-7000/- vide order dated 06.03.2003 notionally with effect from 01.01.1996. Since the pay scale of the applicants now became higher than the scales of pay in their earlier posts, their posting to the post of Jr. Accountants was now considered to be a promotion as it involved financial up-gradation from their earlier post. They were therefore considered ineligible for grant of benefit under ACP scheme. Their financial up-gradation to the pay scale Rs. 5000-8000/- with effect from 09.08.1999 was therefore withdrawn vide order dated 27.07.2004 and their pay on promotion to the post of Junior Accountant was fixed at Rs. 4500-7000/-. Applicants made representations against the withdrawal of MACP benefit. They filed O.A No. 312 of 2008 which was disposed of by this Tribunal by directing the applicants to file individual representations which the respondents were directed to consider. Respondents passed a speaking order on 22/12/2008 rejecting the claim of the applicants. Aggrieved by the rejection of their claim, the applicants filed this O.A on 06.04.2009 which was dismissed