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WP No. 35990 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN

AND

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

WP No. 35990 of 2024

and

WMP No. 38879 of 2024

1. Union of India

Rep. by Post Master General,

Southern Region,

Madurai - 625 002.

2. The Senior Superintendent of Post Offices

Kovilpatti Division,

Kovilpatti - 628 501.

..Petitioner(s)

Vs.

A.M.Jeyarajasekar

Postal Assistant (Retd),

Sankarankovil HPO - 627 756,

Residing at No.6/30,

Railway Feeder Road,

Sankarankovil- 627 756.

..Respondent(s)

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WP No. 35990 of 2024

This Writ Petition filed under Article 226 of the Constitution of

India, in the nature of Writ of Certiorari, calling for the record relating to the

order passed by the Central Administrative Tribunal Chennai in O.A. No. 565

of 2018 dated 10.07.2023 and to quash the same.

For Petitioner(s): Mr.V.Chandrasekaran, Senior Panel Counsel.

For Respondent(s): Mr.P.R.Satyanarayanan

ORDER

(Order of the Court was made by C.V.Karthikeyan J.)

The respondents in O.A.No.565 of 2018 on the file of the Central

Administrative Tribunal, Chennai, aggrieved by the order dated 10.07.2023

disposing the original application, and directing the respondents to extend the

admissible 3^rd MACP benefit to the applicant w.e.f 28.02.2015 along with the

arrears of pay and allowances and other consequential benefits in accordance

with the MACP Scheme, have filed the present writ petition.

2.The respondent herein, A.M.Jeyarajasekar, had filed original

application before the Tribunal seeking grant of 3^rd MACP benefit w.e.f

28.02.2025 along with arrear of pay and allowances, pensionary and all other

consequential benefits. He had been appointed as Postman on 14.12.1990 in Pay

Band -I (PB-I) in the Grade Pay of Rs.2,000/- through Limited Departmental

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WP No. 35990 of 2024

Competitive Examination (LDCE). He was earlier working as Gramin Dak

Sevak (GDS). He was promoted as Postal Assistant through Limited

Departmental Competitive Examination on 28.02.1995 in Pay Band – I in the

Grade Pay of Rs.2,400/-. However, there was no promotion avenue for the next

ten years and therefore, he became eligible and entitled for Modified Assured

Career Progression Scheme II (MACPS II) on and from 14.12.2010 (20^th year of

service) or on 01.09.2008 (the date on which MACPS came into effect)

whichever is earlier. He was granted the benefits under MACPS II in the form

of financial upgradation on 01.09.2008 in the Grade Pay of Rs.2,800/-. He was

eligible and entitled for MACPS III financial upgradation either on 14.12.2020

(30 years from the date of entering into service) or on 01.09.2018 (10 years

from the grant of 2^nd MACP) whichever is earlier. He had however retired from

service on 31.08.2017 and therefore, MACPS III was not granted to him and his

request for the same was rejected by order dated 01.12.2016. This order was

challenged before the Central Administrative Tribunal.

3.In the order dated 10.07.2023, the Tribunal, on considering the facts

and the nature of the Modified Assured Career Progression Scheme had held

that the applicant before the Tribunal / respondent herein was entitled to 3^rd

MACP w.e.f from 28.02.2015 which was 10 years from 28.02.2005 when he

had completed 10 years of service without any promotion and had also not been

granted any promotion on and from 28.02.2005.

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WP No. 35990 of 2024

4.In this connection, it would only be appropriate that the scheme is

examined to determine, whether the order of the Tribunal is to be sustained or

overruled. The Modified Assured Career Progression Scheme (MACPS) had

been introduced for the Central Government Civilian Employees on the

recommendations of the Sixth Central Pay Commission and by Office

Memorandum dated 18.