Financial upgradation under the MACP Scheme requires that promotional avenues be considered, and double benefits cannot be granted.

--

JUDGMENT

Anil K. Narendran, J.

This original petition is one filed by the respondents in O.A.No.136 of 2017 on the file of the Central Administrative Tribunal, Ernakulam Bench, which was one filed by the respondents herein-applicants, seeking an order directing the petitioners herein to extend them the benefit of Annexures A3 and A5 judgments by granting grade pay of Rs.4,200/- on being granted 2^nd financial upgradation under Modified Assured Career Progression Scheme (MACP Scheme). The applicants have also sought for an order directing the petitioners herein to grant 2^nd financial upgradation under MACP Scheme and grant grade pay of Rs.4,200/- with effect from 01.03.1993 and 09.01.1993 respectively; a declaration that they are eligible for 2^nd financial upgradation under MACP Scheme and placement in grade pay of Rs.4,200/- with effect from 01.03.1993 and 09.01.1993 respectively; and to direct the petitioners herein to grant them all consequential benefits including revision of pension and its arrears.

2. The Tribunal by Ext.P6 order dated 18.07.2019 allowed O.A.No.136 of 2017. Paragraphs 8 to 10 of that order read thus:

-

“8. The Original Application is filed by the applicants claiming that their selection as Postal Assistants by way of Limited Departmental Competitive Examination cannot be counted as a Promotion and their regular service for the purpose of financial upgradation shall be reckoned from the date of joining as Postal Assistant. According to learned counsel for the applicant, in view of the judgment of the Principal Bench of this Tribunal in Annexures A-3 and A-5 judgements, the appointment should be treated as direct recruitment for the purpose of financial upgradations. But the respondents object to the same.

9. Jodhpur Bench of this Tribunal in a batch of Original Applications (No.382 of 2011 and connected matters), considered the issue in detail and held that the eligibility of applicants therein for the grant of TBOP/BCR benefits earlier, and MACP benefit thereafter, has to be counted only from the date they were substantively appointed as Postal Assistants. The view so taken by the Jodhpur Bench of the Tribunal was upheld by the Hon’ble High Court of Judicature at Jodhpur in Civil Writ Petition No.11336 of 2012 in terms of-order dated 10.8.2015. Same view was followed by the Principal Bench also in O.A.No.3756 of 2011 also. The view taken by Hon’ble High Court is binding on us. It reads:

“Having considered the argument advanced we do not find any merit with the same. Learned counsel appearing on behalf of the appellant on asking again and again failed to point out any provision for promotion to the post of Postman/Sorting Assistant. On the other hand, from perusal of the orders of appointment to the post of Postal Assistant/Sorting Assistant, it is apparent that the respondent original applicants faced an examination, may that be a limited competitive examination, ie, nothing but direct recruitment. Their joining as Postal Assistants was not at all in the nature of promotion, hence their services for the grant of benefits under modified assured career progression has to be counted only from the date they were appointed as Postal Assistants/Sorting Assistants. The services rendered by them on earlier post prior to their appointment as Postal Assistants/Sorting Assistants are absolutely inconsequential for the purpose of grant of modified assured career progression. At the cost of repetition it shall be appropriate to mention that the petitioners failed to point out any provision for appointment to the post of Postal Assistant/Sorting Assistant by way of promotion and to point