Central Administrative Tribunal - Jodhpur
Madan Lal vs M/O Defence on 14 February, 2024
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OA No. 406-2014
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00406/2014
Reserved on : 25.01.2024
Date of Pronouncement: 14.02.2024
CORAM
HON'BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON'BLE Dr AMIT SAHAI, MEMBER (A)
Madan Lal son of Shri Prem Singh, aged 53 years, FGM in the
office of Garrison Engineer, (P) MES, Kanasar, Bikaner; r/o
village Palana, Ward No. 2, Bikaner.
......Applicant
By Advocate :Mr S.K. Malik alongwith Mr M.J. Vyas.
Versus
1. Union of India through the Secretary, Government of
India, Ministry of Defence, Raksha Bhawan, New Delhi.
2. Chief Engineer, MES Army, Chandi Mandir, Punjab.
3. Commander Works Engineer, Air Force, MES, Bikaner.
4. Commander Works Engineer, Army, MES, Bikaner.
5. Garrison Engineer, (P) Kanasar, Bikaner.
......Respondents
By Advocate : Mr B.L. Bishnoi.
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OA No. 406-2014
ORDER
Per : Hon'ble Mr Justice Rameshwar Vyas Being aggrieved by non-grant of 3rd financial upgradation under Modified Assured Career Progression Scheme (MACPS) w.e.f. 19.06.2012, the applicant has preferred this OA to issue direction against the respondents to accord him benefits of 3rd financial upgradation under MACPS w.e.f. 19.06.2012 in the grade pay of Rs 4600/-
2. The facts necessary to adjudicate the instant OAs are as under :-
2.1 The applicant was appointed on the post of MPA [re-
designated as FGM] on 19.06.1982. Thereafter, he was granted promotion on the post of HS on 20.09.1995. On completion of 24 years regular service, he was granted 2nd financial upgradation under Assured Career Progression Scheme (ACPS).
2.2 The claim of the applicant is that since he completed 30 years' regular service as on 19.06.2012, he is entitled for 3rd financial upgradation under MACPS. The respondents did not allow the same vide impugned order dated 10.01.2013 (Annex. A/1), therefore, he filed the instant OA with the prayer to grant him 3rd financial upgradation under MACPS on the ground that impugned order is non-speaking and without disclosing the reasons for rejecting his claim.
2.3 As per reply filed by the respondents, the applicant is not eligible for grant of 3rd financial upgradation under MACPS as he had already got three financial upgradations, i.e. Rs 2400/-, Rs 3 OA No. 406-2014 2800/- and Rs 4200/-. It is the reply that the applicant got his next higher grade pay of Rs 4200/-, as is evident from Annex. A/5.
2.4 It is the case of the respondents that since the applicant has already received three upgradations, therefore, he is not entitled for 3rd financial upgradation under MACPS.
2.5 In rejoinder, the applicant reiterated the averments made in the OA.
The discrepancies in the date of appointment, promotion/upgradation etc. in pleadings of both the parties being irrelevant are ignored while deciding the issue of grant of 3rd financial upgradation under MACPS to the applicant.
3. Heard learned counsel for the parties and perused the material available on record.
4. Learned counsel for the applicant submitted that claim of the applicant for grant of 3rd financial upgradation under MACPS has been rejected without assigning any reason. After completion of 30 years' regular service, the applicant is entitled for grant of 3rd financial upgradation under MACPS w.e.f. 19.06.2012 in the grade pay of Rs 4600/- as he got 2nd financial upgradation under ACPS w.e.f. 19.06.2006 on completion of 24 years' regular service. Between the period from 19.06.2006 to 18.06.20012, the applicant did not get any promotion.
Relying upon the judgment passed by Hon'ble Rajasthan High Court in DBCWP No. 3840/2021 with connected CWPs in the matter of Union of India & Ors v. Bhartendu Gaur , and judgment 4 OA No. 406-2014 passed by Hon'ble Supreme Court in the matter of Union of India & Ors v. Ex. HC/GD Virender Singh, Civil Appeal @ SLP (Civil) No. 16442 of 2021 & Ors. decided on 22.08.2022, learned counsel for the applicant submitted that as per MACP Scheme, the applicant is entitled for grant of 3rd financial upgradation after competition of 30 years' regular service in the grade pay of Rs 4600/-.
5. On the contrary, learned counsel for the respondents contended that the applicant was not entitled to get 3rd financial upgradation under MACPS as the applicant cannot get grade pay of the promotional post beyond the hierarchy.
6. Having regard to the submissions made by learned counsel for the parties and material available on record, it is not in dispute that the applicant got 2nd financial upgradation under ACPS w.e.f. 19.06.2006 after completion of 24 years' regular service from his regular appointment. It is also not in dispute that between the period from 19.06.2006 to 18.06.2012, i.e. period till completion of 30 years' regular service of the applicant, he was not granted any further promotion.
On perusal of impugned orders, we do not find any reason for not granting the benefit of 3rd financial upgradation under MACPS to the applicant. It is not correct to say that the applicant has already been granted three financial upgradations. As per the Scheme of MACP, employees are entitled for grant of upgradations after completion of 10, 20 & 30 years' regular service in case of non-grant of any promotion. After grant of benefit of 2nd financial upgradation under the Scheme of ACP, it remains not in dispute that he is entitled to get the benefit of 3rd financial upgradation under the Scheme of MACP if he did not 5 OA No. 406-2014 get any promotion before completion of 30 years' regular service. In view of this, the applicant is entitled for grant of 3rd financial upgradation under MACPS w.e.f. 19.06.2012.
In the matter of Union of India & Ors v. M.V. Mohanan Nair, (2020) 5 SCC 421, the Hon'ble Apex Court observed as under :
"30....By perusal of the MACP Scheme extracted earlier, it is seen that the words used in the Scheme are "placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands".
The Hon'ble Apex Court further observed that :
"Though ACP and MACP Schemes are intended to provide relief against stagnation, both the schemes have different features. Pay scales under the Sixth Pay Commission and the MACP Scheme are stated to be more beneficial since it extends to the employees with time intervals with higher pay bands and various facilities which were not available under the ACP Scheme including the three financial upgradations in shorter time span."
After passing of the judgment by the Hon'ble Apex Court in M.V. Mohanan Nair's case, the employees are entitled to get immediate next higher grade pay in the hierarchy of the recommended revised pay bands.
The concept of granting next grade pay in the hierarchy on upgradation under MACPS was introduced by the Pay Commission with a view to putting an end to the problems ensuing from inter departmental disparity. In our considered view, denying the applicant next grade pay in the hierarchy of the revised pay bands on financial upgradation on the ground 6 OA No. 406-2014 that it is not in the hierarchy of grade pay of promotional cadre is not justified.
After taking into consideration the views expressed by the Hon'ble Apex Court in M.V. Mohanan Nair's case, it emerges that while granting the benefits of financial upgradation under MACPS, the placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands under 6th CPC come into picture. In the MACPS, the word hierarchy of a particular cadre has not been used, therefore, this OA deserves to be allowed.
7. Resultantly, impugned orders dated 10.01.2013 (Annex. A/1), 23.09.2014 (Annex. A/2) &15.10.2014 (Annex. A/3) are quashed and set aside. The respondents are directed to grant the applicant benefit of 3rd financial upgradation under MACPS as per extant rules. The applicant shall also be entitled for consequential benefits. The respondents shall complete this exercise within a period of three months from the date of receipt of a copy of this order.
8. In terms of above directions, OA stands allowed with no orders as to costs.
(Amit Sahai) (Rameshwar Vyas)
MEMBER (A) MEMBER (J)
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