ORDER

Per : Hon’ble Mr Justice Rameshwar Vyas

In the instant OA, the prayer of the applicant is to direct the respondents to grant him benefits of 3rd financial upgradation under Modified Career Progression Scheme (MACPS)in the Grade Pay of Rs 2800/- w.e.f. 06.05.2011.

2.1 It is the case of the applicant that Shri Durga Dutt and Shri Om Prakash Sharma, both Electrician (SK) who are junior to the applicant, their pay has been fixed in the Grade Pay of Rs 2800/- as appears in Part-II order dated 14.07.2013 (Annex. A/1). Whereas, the applicant who is also Electrician SK, his pay has been fixed in the Grade Pay of Rs 2400/-.

2.2 As per the case of the applicant, he was appointed on the post of Mazdoor on 07.05.1981. The post of Mazdoor has been merged with Mate. Thereafter, he was granted promotion on the post of Electrician SK in the year 1997. It is the claim of the applicant that after completion of 30 years’ service on 06.05.2011, he is entitled to get 3rd financial upgradation under MACPS in the Grade Pay of Rs 2800/-. However, he has not been granted said benefit despite his best efforts and repeated requests and representations. Therefore, he is seeking direction against the respondents to grant him benefit of 3rd financial upgradation under MACPS in the Grade Pay of Rs 2800/- w.e.f.06.05.2011.

2.3 As per reply filed by the respondents, comparison of the applicant with Durga Dutt and Om Prakash Sharma is misplaced. The applicant was promoted as Electrician SK in the year 1997 whereas Durga Dutt and OM Prakash Sharma were appointed as Electrician in the skilled category in the year 1987. It is the specific reply of the respondents that on completion of 30 years of service, the applicant has been granted benefit of 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/- w.e.f. 07.05.2011. Supported by the entries made in his service book produced before this bench, it is revealed that the applicant was granted 2nd financial upgradation under MACPS in the Grade Pay of Rs 2000/- w.e.f. 01.09.2008. The respondents denied that the applicant had ever made any representation seeking 3rd financial upgradation. He approached this tribunal without exhausting any remedy available to him under the departmental rules. Contradicting the claim of the applicant, the respondents prayed to dismiss the OA.

3. Heard learned counsel for the parties and perused the material available on record.

4. During arguments, learned counsel for the respondents submitted that the claim of the applicant is misconceived. He has already been granted 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/-. The comparison of the applicant with Durga Dutt and Om Prakash Sharma is misconceived. The applicant was appointed as Mazdoor in the year 1981 and promoted to the post of Electrician SK in 1997 whereas Durga Dutt and Om Prakash were appointed on the post of Wireman SK in the year 1987. The benefits of MACPS are personal to the employees, therefore, the ground raised by the applicant is totally against the rules and Scheme.

5. Learned counsel for the applicant during arguments was not in a position to rebut the fact that the applicant has been granted 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/- w.e.f. 07.05.2011.

6. Having regard to the arguments raised by the parties and material available on record, it emerges that the applicant has preferred this OA without ascertaining the service antecedents from the service book produced by the respondents which reveals that the applicant was granted benefit of 2nd financial upgradation under MACPS w.e.f. 01.09.2008 in the Grade Pay of Rs 2000/-. On completion of 30 years’ regular service, benefit of 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/- was granted to him w.e.f. 07.05.2011. Prior to grant of above upgradations, the applicant was promoted from the post Mate to the post of Electrician SK on 16.05.1997 in the CCS (R