MACP financial upgradation follows promotional hierarchy; same Grade Pay promotions count against higher pay claims beyond hierarchy.

ORDER

Per: Sangam Narain Srivastava, Member (A)

The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8.1 The Hon'ble Tribunal may be pleased to call for the record of the case and after examining the same, hold and declare that the applicants are entitled to 3rd financial up-gradation in PB-II with Grade Pay Rs.4600 with effect from 14.05.2014 to 18.05.2014 under MACP Scheme, 2009 after completion of 30 years continuous regular service in the Department of Military Engineer Services.

8.2 The Hon'ble Tribunal may be pleased to hold and declare that the impugned order dated 01.01.2014 cannot be sustained in law and to quash & set-aside the said impugned order.

8.3 The Hon'ble Tribunal may be pleased to grant the cost of the case and to pass further order/s as deemed fit and proper in the conspectus of facts and nature of the case.

8.4 The Hon'ble Tribunal may be pleased to hold that contention of the respondents in impugned order dated 14th December, 2016 that financial up-gradations under MACP Scheme cannot be more than what is allowed to an employee under normal promotion cannot be upheld and therefore, it may be quashed and set-aside.”

2. The facts, as narrated by the applicants, are that Applicant No.1 is a registered Trade Union recognized by the Government of India, representing the majority of the workers of the Military Engineer Services (M.E.S.) employed in Goa. Applicant No.2 is an affected person and a member of the M.E.S. Employees Union. Applicant No.1 has filed this Original Application on behalf of 20 members, who are working as Highly Skilled Grade-I. 2.2 The applicants state that during the period from 14th May, 1984 to 18th May, 1984, they were appointed as Tradesman Skilled in M.E.S. in the pay scale of Rs.260-400 at Goa. They were granted the revised pay scale of Rs.950-1500 with effect from 1st January, 1996, which was further revised to Rs.3050-4590 with effect from 1st January, 1996.

2.3 The applicants further state that upon restructuring of the cadre of Artisan Staff, they were granted their first promotion as Tradesman Highly Skilled in the pay scale of Rs.4000-6000/- with effect from 20th May, 2003. They submit that in terms of Office Memorandum dated 09th August, 1999 (Annexure A-3), the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, introduced the Assured Career Progression Scheme (hereinafter referred to as “ACP Scheme”), under which Central Government civilian employees were entitled to two financial up-gradations on completion of 12 years and 24 years of regular service.

2.4 The applicants state that during the period from 14th May, 2008 to 18th May, 2008, they were granted the second financial up-gradation in the pay scale of Rs.5000-150-8000/- vide order dated 12th March, 2009 (Annexure A-4) under the ACP Scheme, 1999, on completion of 24 years of continuous regular service.

2.5 The applicants state that the said Pay Scale of Rs.5000- 150-8000 was revised to Pay Band-II (Rs.9300-34800) with Grade Pay of Rs.4200/- under the CCS (Revised Pay) Rules, 2008 with effect from 1st January, 2006. They further state that vide Office Memorandum dated 19th May, 2009 (Annexure A-5), the Modified Assured Career Progression Scheme, 2009 (hereinafter referred to as “MACP Scheme”) was notified with effect from 1st September, 2009 in supersession of the earlier ACP Scheme, providing for three financial up-gradations on completion of 10, 20 and 30 years of contin