An appointment to a new post created upon the abolition of a previous post does not constitute a 'promotion' for MACP/ACP computation if the posts are not in a feeder-cadre relationship and their pay scales were merged under the 6th CPC.

Serial No.01
Supplementary List

i) Whether approved for reporting in Law journals etc.: Yes/No
ii) Whether approved for publication in press: Yes/No

JUDGMENT AND ORDER

Per W. Diengdoh, (J):

1. Heard Dr. N. Mozika, learned DSGI, who has submitted that the case of the petitioner/Union of India is that Ramesh Chandra (since deceased) was working at the North Eastern Police Academy (NEPA) Umsaw, Meghalaya having joined the said Academy as Hindi Instructor on 12.11.1984, in the pay scale of ₹ 470 - 750/- pm (revised to ₹5000 – 8000/- as per 5th CPC).

2. Vide MHA Order No.5/1/98-NE. II dated 26.05.1998, one post of Hindi Officer was created at NEPA in the scale pay of ₹ 6,500 - 10,500/-, creation of the said post resulting in simultaneous abolition of the existing post of Hindi Instructor. Pursuant to constitution of a Board of Officers to consider the eligible candidates to fill up the post of Hindi Officer, the Departmental Promotion Committee (DPC) submitted its recommendation on 29.05.1998, whereby the respondent/Ramesh Chandra, now substituted by his wife Smti. Veena Dhoundiyal was temporarily promoted and appointed to officiate as Hindi Officer (Group B) with effect from 01.06.1998 in the scale pay of ₹ 6,500 - 10,500/-.

3. In the meantime, the Assured Career Progression (ACP) Scheme came into being on 09.08.1999. However, since the respondent has completed 12 years of service on 12.11.1996 and has been promoted to the post of Hindi Officer on 29.05.1998, he was therefore, not eligible to be granted 1st ACP.

4. It is also the submission of the learned DSGI, that a new scheme known as the Modified Assured Career Progression (MACP) Scheme, came into effect from 01.09.2008 replacing the earlier ACP Scheme by effectively providing 3 financial upgradations to employees on completion of 10, 20 and 30 years of service, respectively, if such employee is stagnated in the same post. The respondent having been promoted to the post of Hindi Officer in 1998 in a higher pay scale, he was thus entitled for his second financial upgradation under the MACP Scheme , with effect from 01.09.2008. Accordingly, vide relevant order dated 19.03.2012, the second financial upgradation was extended to the respondent in the pay band 2 with pay scale of ₹ 9,300 - 34,800/-, plus grade pay of ₹ 4,800/-, w.e.f., from 01.09.2008.

5. It is further submitted that the Ministry of Home Affairs (MHA) vide Letter No.23012/63/2010-PC dated 13.03.2014, in consultation with the Ministry of Finance decided to extend the grade pay of ₹ 5,400/- in PB 3 - ₹ 15,600 - 39,100/- to Hindi Officer NEPA and to re-designate the post as Assistant Director (Official language), which was done so vide related order dated 22.03.2014, the same being made applicable to the respondent with effect from 01.01.2006. By so doing, the previous order dated 19.05.2012 (supra) extending second MACP to the respondent became automatically null and void.

6. In this scenario, it is reiterated that the deceased respondent having joined service as Hindi Instructor in the year 1984 and subsequently promoted to the post of Hindi Officer/Assistant Director (Official Language) w.e.f. 01.06.1998, therefore if the date of reckoning for grant of financial upgradation under the ACP/ MACP Scheme is to be counted from 16.11.1984 (the day he joined service), then he would no longer qualify to the 1st ACP, having completed 12 years of service on 16.11.1996, but would still be eligible to be considered for the 2nd and 3rd upgradation under the MACP Scheme which was done so.

7. Accordingly, the deceased respondent was granted the 2nd MAC