ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

i) call for the records of the case and after perusing the same quash the order dated 3.10.2017 (Annexure A6) passed by respondent no. 3 whereby the representation of the applicants for the grant of 3rd MACP of Grade Pay of Rs. 4600/- on completion of 30 years of service has been declined by totally passing a non speaking order and further the order dated 4.5.2018 (Annexure A 8) passed by respondent no. 2 whereby the representation of the applicants as addressed to respondent no. 1 has been rejected by totally overlooking the judgment dated 14.3.2013 passed by Hon'ble Central Administrative Tribunal, Madras which was upheld by Hon’ble Madras High Court vide judgment dated 4.2.2015 and further upheld by Hon'ble Supreme Court of India vide judgment dated 16.8.2016, as the action of the respondents are totally arbitrary, illegal, discriminatory and in violation of Article 14 of the Constitution of India and principles of natural justice as the case of the applicants are squarely covered by the above mentioned judgments.

ii) Direct the respondents to grant the benefit of 3rd MACP of Grade Pay of Rs. 4600/- to the applicant w.e.f. 9.6.2011 when the applicants completed their 30 years of service and accordingly re-fix their pay and release the arrears of pay w.e.f. 9.6.2011 till the date of superannuation;

iii) Respondents be directed that after refixing the last pay of the applicants, release the arrears of retireal benenfits as well as arrears of pension from the date of retirement.

iv) Respondents be directed to grant the interest @ 12% p.a. from the date of accrual till the date of actual disbursement.

v) Allow the instant OA.”

2. The facts of the case as averred by the applicants in their pleadings, are as follows: -

a) The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking quashment of order dated 03.10.2017 issued by respondent No.3 and order dated 04.05.2018 issued by respondent No.2 whereby the claim of the applicants for grant of 3rd Modified Assured Career Progression (MACP) in the Grade Pay of Rs.4600/- on completion of 30 years of service came to be rejected. The applicants have further sought a direction to the respondents to grant them the benefit of 3rd MACP with effect from 09.06.2011 along with consequential fixation of pay, arrears of salary, retiral benefits and pensionary benefits with interest.

b) Applicant No.1, namely Madan Lal Sharma, was initially engaged as Extra Departmental Mail Packer (now Gramin Dak Sevak) in the year 1974. Thereafter, upon qualifying the departmental examination, he was appointed as Group-D employee on 26.07.1977. Subsequently, after qualifying the Limited Departmental Competitive Examination, he was appointed as Postal Assistant on 09.06.1981 at Head Post Office, Jammu. Similarly, applicant No.2, namely Jagan Nath Dogra, was initially engaged as Gramin Dak Sevak in the year 1974 and thereafter appointed as Group-D employee on 09.08.1977 after qualifying the departmental examination. He also qualified the Limited Departmental Competitive Examination and was appointed as Postal Assistant on 09.06.1981.

c) The applicants have pleaded that after implementation of the recommendations of the 4th Central Pay Commission, they were placed in the pay scale of Rs.1200-2040, which later stood revised to Rs.4000-6000 with effect from 01.01.1996. Since they did not receive any regular promotion, they were granted Time Bound One Promotion (TBOP) on completion of 16 years of service and placed in the pay scale of Rs.4500-7000 with effect from 10.06.1997 by reckoning their service from the year 1981, i.e., the date of their appointment as Postal Assistant.

d) It is further averred that as the applicants again did