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2024 Supreme(Online)(DEL) 281
HIGH COURT OF DELHI
Jyoti Singh, J
M.M. VIKRAMAN – Appellant
Versus
UNIVERSITY OF DELHI AND ANR – Respondent
W.P.(C) 8794/2024
TANVEER AHMED ANSARI
The court directed the respondents to examine the petitioner's claim for the 3rd financial upgradation under the MACP Scheme and pass a reasoned order, as the petitioner had approached the court without making any representation to the competent authority.
Headnote:
Service - Modified Assured Career Progression (MACP) Scheme - Act Sections: Articles 226 and 227 of the Constitution of India
Fact of the Case:
The petitioner was appointed as a Laboratory Attendant in Lady Irwin College under the University of Delhi and was subsequently promoted to various positions over the years. The petitioner claimed that he was eligible for the 3rd financial upgradation under the MACP Scheme on completion of 30 years of regular service, but was deprived of the same.
Finding of the Court:
The court directed the respondents to treat the writ petition as a representation and decide the petitioner's claim for the 3rd financial upgradation under the MACP Scheme by a reasoned and speaking order, in consonance with the provisions of the Scheme, within a period of two months. The court did not express any opinion on the merits of the case and left the aspect of delay and laches in approaching the court open.
Issues: Whether the petitioner is entitled to the 3rd financial upgradation under the MACP Scheme on completion of 30 years of regular service.
Ratio Decidendi: The court directed the respondents to examine the petitioner's case for the 3rd financial upgradation under the MACP Scheme and pass a reasoned order, as the petitioner had approached the court without making any representation to the competent authority, and there was no clarity on whether the petitioner's case was considered and rejected or not considered at all.
Final Decision: Petition disposed of with a direction to the respondents to decide the petitioner's claim for the 3rd financial upgradation under the MACP Scheme within two months.
ORDER
CM APPL. 35805/2024 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 8794/2024
3. This writ petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India seeking a direction to the Respondents to grant him benefit of 3rd financial upgradation under the Modified Assured Career Progression (MACP) Scheme issued by Department of Personnel and Training (DoPT) vide O.M. dated 19.05.2009 in Grade Pay of Rs.4600/- in PB-II 9300-34800.
4. It is stated in the petition that Petitioner was appointed as Laboratory Attendant in Lady Irwin College under University of Delhi in pay scale of Rs.210-270 and was placed in Selection Grade of Rs.260-350 on 05.03.1981. Petitioner was promoted to the post of Junior Lab Assistant in the pay scale of Rs.260-430 and his pay was fixed at Rs.284/- w.e.f. 01.03.1983, which was revised to Rs.975-1540 consequent upon recommendation of 4th Central Pay Commission (CPC) w.e.f. 01.01.1986. Respondent No. 1 placed all Junior Laboratory Assistants, including the Petitioner in the pay scale of Rs.1320-2040 vide letter dated 31.08.1989 w.e.f. 31.12.1986. Petitioner was promoted to the post of Senior Lab Assistant in the same pay scale of Rs.1320-2040 w.e.f. 01.01.1993 and his pay was fixed at Rs.1560/-. 5. It is further averred that Respondent No. 2 subsequently upgraded the pay scale of the Petitioner in terms of letter No. CBIII/97/25315 issued by Respondent No. l. Pay of Petitioner was revised from Rs. 284/- in the pay scale of Rs. 260-430 to Rs. 380/- in the pay scale of Rs. 380-560 w.e.f. 01.03.1983 and pay was fixed at Rs. 1350/- in pay scale of Rs. 1320-2040 from Rs. 1125/- in pay scale of Rs. 975-1540 w.e.f. 01.01.1986 and pay was further revised to Rs.1640/- in the pay scale of Rs. 1400-2300 from Rs.1560/- in the pay scale of Rs. 1320-2040 w.e.f 01.01.1993. However, cash benefit was allowed from 25.06.1996 only. Pay of the Petitioner was refixed at Rs.1560/- in the pay scale of Rs. 1400-2300 under One Time Upward Movement (OTUM) w.e.f. 01.03.1991, which was approved vide letter no. CB-III/97/38184 dated 09.12.1997 and was further refixed at Rs. 1720/- in the pay scale of Rs. 1400-2300 w.e.f. 01.03.1993. Consequent upon recommendation of the 5th CPC, Basic Pay of the Petitioner was fixed at Rs. 5500/- in the Pay Scale of Rs. 4500-7000 w.e.f. 01.01.1996. 6. It is averred that vide Notification No. Estab.III/2005 dated 22.03.2005 issued by Respondent No. 1, Respondents again revised the pay of the Petitioner at Rs.1400/- in the Pay Scale of Rs.1400-2300 w.e.f. 01.01.1986 and accordingly refixed the pay at Rs. 1760/- in the pay scale of Rs. 1640-2600 w.e.f. 01.01.1994 and further refixed at Rs. 5850/- in the pay scale of Rs. 5500-9000 w.e.f. 01.01.1996 in terms of Executive Council Resolution No. 203 dated 28.02.2005. Petitioner’s Basic Pay was further revised to Rs. 14,140/- in PB-II 9300-34800 with Grade Pay of Rs. 4200/- w.e.f. 01.01.2006, consequent to recommendation of 6th CPC. Petitioner superannuated from service on 28.02.2009.
7. It is stated in the petition that DoPT introduced the MACP Scheme vide O.M. dated 19.05.2009, pursuant to recommendation of 6th CPC providing for three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service, based on recommendations of the Screening Committee, subject to an employee spending 10 years continuously in the same Grade Pay. Petitioner completed 30 years of regular service on 29.01.2009 and became eligible for grant of 3rd MACP in the Grade Pay of Rs.4600/- in PB-II w.e.f. 29.01.2009, which was the immediate next higher grade pay of Rs.4200/- drawn by the Petitioner, however, he was deprived of the said benefit.
8. On the aspect of delay and laches in approaching the Court, learned counsel for the Petitioner submits that Petitioner was unaware of his entitlement to 3rd MACP at the time of his superannuation and as soon as he became a
