Central Administrative Tribunal - Kolkata
Haripada Chakraborty vs Posts on 4 February, 2025
1 o.a. 1250 of 23
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA. 350/1250/2023 Date of Order: 04.02.2025
Present: HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE MR. ANINDO MAJUMDAR, ADMINISTRATIVE MEMBER
Haripada Chakraborty, son of Late Nirod Behari
Chakraborty, aged about 63 years, Ex-Postman
under Senior Superintendent of Post Offices, East
Kolkata Division, residing at Vill.-Naihati, P.O.-
Bodartala via Basirhat, Dist.- (N) 24 Parganas, Pin-
743292.
...............Applicant.
-versus-
1. Union of India, through the Secretary, Ministry of
Communication, Department of Post, Dak
Bhawan, New Delhi- 1.
2. The Post Master General, West Bengal Circle,
Yogayog Bhawan, Kolkata- 12.
3. The Superintendent of Post Offices, East Kolkata
Division, AA-02-072 (Plot No. AD/6A), AA-1,
New Town, Kolkata- 63.
........Respondents.
For the Applicant : Mr. A. Chakraborty, Counsel
Mr. Argha Chakraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents : None
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.02.11 13:08:19+05'30'
Foxit PDF Reader Version: 2024.3.0
2 o.a. 1250 of 23
ORDER (ORAL)
PER: SMT. URMITA DATTA (SEN), MEMBER (J):
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief:
"(i) Office Order No. B-62/MACP/E/CAT case dated 23.08.23 isseud by Sr. Supdt. of Post Offices East Kolkata Division, Kolkata- 700163 cannot be sustained in the eye of law and therefore the same may be quashed.
(ii) An order do issue directing the respondents to grant the applicant the benefit of 2nd MACP with effect from the date of entitlement and to grant arrears with interest."
2. The brief facts of the case as narrated by the learned counsel for the applicant are as under:
That the applicant had retired from service as a Postman after serving 20 years of continuous service under the respondents. The prayer of the applicant for grant of 2nd MACP was rejected by the authority concerned without following the laid down procedure. The applicant earlier filed OA.
1349/2021 which was disposed of vide order dated 10.01.2023 with a direction upon the applicant to make a comprehensive representation seeking redressal of his grievance and the authority concerned was directed to consider the same in accordance with law and pass appropriate order.
Thereafter, the Authority Concerned issued a speaking order 23.08.2023 by rejecting the claim of the applicant. Being aggrieved with the said speaking order dated 23.08.2023, the applicant has filed the present OA.
3. The speaking order dated 23.08.2023 reads as under:
"In cancellation of this office earlier order no: B-62/MACP/E/CAT Case dated 16.08.2023, the following order is issued to have immediate effect.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.02.11 13:08:19+05'30' Foxit PDF Reader Version: 2024.3.0 3 o.a. 1250 of 23 In response to Hon'ble CAT Kolkata Bench order dated 10.01.2023 the following facts are intimated:
As per the guidelines on Vigilence clearance for MACPS regulate as per provisions contained in the DOP & T. OM No. 22034/4/2012 estt. (D) dated 02.011.2012 as amended from time to time. The role of the Department Promotion committee (DPC) on treatment of effect of penalties stands, inter alia described vide DOPT & T. OM No. 22011/4/2007 Estt (D) dted 28.07.2014 as modified from time to time.
Further since view of the above clarification there might be a need of objective reassessment of suitability by the screening committee in respect of "hose employees who were not considered fit for grant of financial upgradation under MACP Scheme. The competent authority has also directed to review all such cases in the light of these observation of DOP & T. It is further requested to bring this clarification to notice of all concerned immediately and ensure strict adherence in true letter and spirit. East Kolkata Postal Division had circulated the notice, to all Post Offices under its control.
"for grant of financial upgradation under the MACP Scheme, the Prescribed Bench mark shall be "very good" for all levels. This shall be effective for upgradations under MACPS falling due on or after 25.07.2016 and the revised bench mark shall be applicable for the APARS for the year 2016-17 and subsequent years."
In the light of DOP & T. instructions, the Sr. Superintendent of Post Offices, East Kolkata Division formed composition of screening committee comprising of:
1. The SSPOS; East Kolkata Division as Chairman.
2. The Superintendent, PSD, Kolkata as Member.
3. The Dy. Director P.O. (Admins.) Kolkata G.P.O. as Member for the purpose of finalizing for granting of MACP scheme of Postman cadre of East Kolkata Division, the following documents are required to be scrutinized by the committee:
i. Service Book of the Official:
ii. Gradation List of Postman cadre upto 01.01.2017 and modified from time to time.
iii. APAR/CR grading:
iv. Loss/Fraud Report:
v. Certificate on accepting/declining off regular promotion;
vi. Particular of the officials shown Annexure 'A' & 'A-1':
After careful examination of the documents produced before the D.P. committee the screening committee decides to grant MACP of the postman cadre.
In your case for awarding due financial upgradation under MACP Scheme the case had been placed before the Screening committee meeting held on 09.05.2019. Members of the Screening Committee after taking into consideration APAR the grading for the preceding five (5) years and eventually referred your case "not Recommended" due to not achieving the desired benchmark as "very good" in APAR for the year 2017-18 because as per Dte's letter no. 7-8/2016-PCCCPT) dated 13.03.2019, the "very good" benchmark is applicable w.e.f. 25.07.2016 for awarding financial upgradation under MACP Scheme.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.02.11 13:08:19+05'30' Foxit PDF Reader Version: 2024.3.0
4 o.a. 1250 of 23 Under the above facts and circumstances, your representation dated 20.06.2023 for expunge adverse remarks recorded in the APAR for year mentioned in your representation is not tenable and rejected."
4. Heard learned counsel for the applicant and perused the materials on record.
5. It is submitted by the learned counsel for the applicant that the APAR for the period of 2017-18 was not communicated to the applicant. So, he could not make any representation to defend himself. And the respondents passed impugned speaking order by not granting the MACP benefit to the applicant which is illegal, arbitrary and deserves to be quashed and set aside.
6. Therefore, we dispose of the OA with the following directions:
(i) The respondents are directed to communicate the APAR for the period of 2017-18 to the applicant within a period of 04(four) weeks' from the date of receipt of copy of this order.
(ii) The applicant is directed to make representation against the entry in the APAR for the period of 2017-18, if not satisfactory, within a period of 02 ( two) weeks'.
(iii) Thereafter, respondents are directed to put this representation, if preferred, before the Screening Committee and decide the same within a period of 06(six) weeks' thereafter.
(iv) It is further directed that, in the event, if the entry is upgraded and the applicant shall be considered for grant of consequential benefits, the same shall be given within the aforesaid period. Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.02.11 13:08:19+05'30' Foxit PDF Reader Version: 2024.3.0 5 o.a. 1250 of 23
7. In view of above, OA stands disposed of with no order as to costs.
(Mr. Anindo Majumdar) (Smt. Urmita Datta (Sen))
MEMBER (A) MEMBER (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.02.11 13:08:19+05'30' Foxit PDF Reader Version: 2024.3.0