Central Administrative Tribunal - Bangalore
Nagendra G vs Department Of Posts on 10 November, 2025
1 O.A. No.248/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00248/2024
ORDER RESERVED ON: 31.10.2025
DATE OF ORDER: 10.11.2025
CORAM:
HON'BLE MR. JUSTICE B.K. SHRIVASTAVA ..MEMBER (J)
HON'BLE MR. SANTOSH MEHRA ..MEMBER(A)
Between:
Nagendra G.,
S/o G. Padmanabha Shettigar,
Aged 43 years, working as
Postal Assistant, Head Post Office,
Kundapura-576 201,
Residing at Gundmi Village,
Sastan Post, Udupi-576 226. ...... Applicant
(By Advocate, Shri. A.R. Holla)
VS.
i. Union of India,
By secretary
Department of Posts,
Dak Bhavan,
New Delhi-110 001.
ii. The Chief Postmaster General,
Karnataka Circle,
Bengaluru- 560 216
3. The Postmaster General,
S.K. Region,
Bengaluru-560 001
4. The Superintendent of Post Offices,
Udupi Division,
Udupi 576 101 ...Respondents
(By Advocate, Shri. H R Sreedhara)
mikasha suneja
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2 O.A. No.248/2024/CAT/BANGALORE
ORDER
Per: Hon'ble Shri Santosh Mehra .......Member (A)
Through this OA, the applicant has sought the following reliefs:
i. To quash (a) Order No. STA/4-3/MACP/RepnDlgs/2024 dated at Bg-560 001 the 06.02.2024, issued by the respondent No. 2 Annexure-A16 and (b) Order No. B1/I/SBCO-5 dated at Udupi the 20.02.2024, issued by the respondent No.4, Annexure-A 17 and ii. Direct the respondent to grant the benefit of 2nd MACP in pursuance of his representation dated 09.10.2023, Annexure-A14 and extend the consequential benefits to him accordingly and iii. Grant such other relief deemed fit, having regard to the facts and circumstances of the case.
2. The facts in a nutshell are as follows:
i.The applicant was appointed as Postal Assistant as (SBCO) on 16th June 1999 and was granted his first MACP with effect from 22nd June 2009 vide order dated 14th July 2010. Subsequently, on three occasions the applicant was offered promotion to Lower Selection Grade (LSG) i.e. on 22 March 2019, 25 November 2020, and on 22 August 2022. On all the three occasions, the applicant refused the promotion to the rank of LSG offered to him vide his letters dated 30th April 2019, 31st December 2020 and 8th August 2022. His three declinations of promotion were also accepted by the Respondents on all the three occasions, duly informing him on every occasion about the effect on grant of Financial Upgradation under MACP scheme. Subsequently, the Respondent number 1 had issued a circular regarding terms of merger of PA (SBCO), PA (EPO), PA (PO) dated 16 November 2022 mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 3 O.A. No.248/2024/CAT/BANGALORE which would come into effect from 1st January 2023. The Respondent asked for the willingness of the employees for cadre transfer. The applicant furnished his option for cadre on 28th June 2023 and the same was accepted and he was posted to Udupi in the post of PA (PO) on 18 July 2023.
ii.The Applicant gave a representation, requesting for MACP benefit with effect from 21st June 2019 or 1st January 2023 on 9th October 2023. The same was declined by the respondent vide the letters dated 21st September 2023, 6th Febuary 2024 and also 20th Febuary 2024. Hence, the applicant has filed this OA.
3 (i) The counsel for applicant admits that the applicant got the benefit of first MACP vide memo dated 14th July 2010. He also concedes that the applicant was offered promotion on three occasions vide orders dated ( 22nd March 2019, 25th November 2020, and 23rd June 2022) and on all the three occasions, the applicant has declined the promotion.
(ii)He further avers that a Circular dated 16th November 2022 was issued regarding the merger of PA (SBCO) with PA (PO) with effect from 1st January 2023 along with certain conditions (Annexure A-8) Another order was issued on 2nd December 2022 asking for willingness for switch over from PA(SBCO) to PA(PO) cadre vide Annexure A-9 which also included further clarifications regarding the merger. The applicant expressed his willingness to switch over to PA(PO) cadre vide his representation dated 28th June 2023 which was accepted and accordingly the applicant was given posting in PA (PO) cadre vide order dated 2nd August 2023.
(iii)The counsel for applicant submits that due to change in circumstances (in view of this merger) the higher post of LSG (SBCO) was no more available to the applicant which was a unforeseen and unanticipated consequence of the merger and that denied the applicant further avenues for promotion.
(iv)The counsel for applicant argues that as the last date of declination by the applicant was 8th August 2022, he became eligible for regular promotion after one mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 4 O.A. No.248/2024/CAT/BANGALORE year from the date of declination that is from 8th August 2023. He further argues that due to the fresh conditions imposed, the Applicant was placed at the bottom of the seniority list of PA (PO) and hence he had become junior most in that cadre from 1st January 2023. As a result, the applicant is losing promotional opportunity for higher grade of LSG which had been earlier offered to him on three occasions, when he was PA(SBCO). Hence it would be just and fair that he is atleast granted the benefit of 2nd MACP from 8th August 2023 i.e. one year from after the date of declination of the promotion for the post of LSG (SBCO).
(v)The counsel for applicant further argues that this switch over from PA (SBCO) to PA (PO) was essentially an administrative decision and not initiated as per the request of the individuals, as seen in the Order dated 21st September 2023 marked as Annexure A-15. In this regard he invites our attention to Para 2 of the Department of Posts vide No.X-12/6/2021-SPN-II dated 21st September 2023:
"It has come to the notice of Directorate that in some cases transfer request registered by such employees are being 'Not recommended' by field unit(s) on the grounds that they have not completed one year of service in PA(PO) cadre. It may be noted that switching over have been done on the basis of an administrative decision and not on request of individual employees.
Therefore, it has been decided with approval of the competent authority that length of service of such employees may be observed from date of their appointment as PA(SBCO), subject to fulfilment of other eligibility conditions."
(vi) Accordingly, the applicant cannot be denied the benefit of second MACP for which he would have become eligible on 8th August 2023, had this merger not taken place.
(vii)The counsel for applicant further draws a contrast between the original cadre that is PA (SBCO) and revised cadre of PA (PO). He says that had the applicant continued in the original cadre, he would have got his MACP upgradation on the completion of period of declination which is being denied to him due to this merger, in view of the fresh conditions due to which he is ranked lowest/Junior most in the seniority list of the PA (PO) cadre. He reiterates that this merger of PA (SBCO) with PA (PO) has unfairly and unjustly adversely effected the career prospects mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 5 O.A. No.248/2024/CAT/BANGALORE of the applicant. Hence, it will be just and proper if the applicant is granted 2nd MACP with effect from 8th August 2023. It is pertinent to mention here that in Para 8(2) of the OA the applicant has asked for MACP with effect from 21.06.2019 or 01.01.2023, whereas the Learned Counsel for Applicant during the arguments in the court has asked from 08.08.2023.
4. The Learned Counsel for the respondent has filed the reply. According to him, the Applicant was granted 1st MACP with effect from 22.06.2009 on completion of I0 years of service. Before grant of 2nd MACP, during his service, the official was duly offered the promotion to Lower Selection Grade on attaining the eligibility based on his seniority. He declined to accept the promotion when he was offered the same on all the three occasions. As per extant rules, each declination results in an embargo period of one year from the date of declination. Declination by the applicant was purely a voluntary act, on his own accord and in all the three occasions, the Competent Authority accepted the declination request of the applicant. The details are as follows:
Sl Promotion Order Declination order details Embargo period No date 1 22.03.2019 ST A/18-3/LSG SBC0/2018 & 22.03.2019 to 21-03-2020 2019 dated 13.08.2019 2 25.11.2020 STA/18- 3/LSG/SBC0/2020 31.12.2020 to 30-12-2021 dated 20.01.2021 3 23.06.2022 SK/STA/4-4/HSG- 08-08-2022 to 07-08-2023 LSG/SBCO/2022 dated 22.08.2022
5. He further invites our attention to Para no. 24 ( Annexure-R 7) of DOPT OM no. 35034/3/2015-Estt.(D) dated 22-10-2019) which reads as follows :-
"If a regular promotion has been offered but was refused by the employee before becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 6 O.A. No.248/2024/CAT/BANGALORE and the employees subsequently, refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion"
6. As the applicant declined promotion to LSG cadre on three occasions viz. 2019 to 2022, the benefit of MACP II was not extended to the official as per the above provisions. He also points out that Annexure A to letter no. Q-25/18/2022- PE-1-DOP dated 16-11-2022, Para no. 1(d)(Annexure A8 of OA) states as follows:
"Such Officials who switch over to Postal Assistant(Post Office) Cadre shall be placed en bloc below all those officials of Postal Assistant (Post Office) 's Gradation list of the Circle as on 31-12-2022. Inter se seniority of those officials of Postal Assistant (Savings Bank Control Organisation) cadre, who chose to switch over to Postal Assistant (Post Office) cadre, shall be the same as was in Postal Assistant (Savings Bank Control Organisation) cadre"
"The above officials who switched over to PA (PO) cadre shall be placed en block below all those officials of PA (PO)'s Gradation List of this Circle as on 31.12.2022. lnter-se seniority of those officials of PA (SBCO) cadre, who choose to switch over to PA (PO) cadre, shall be the same as was as in PA (SBCO) CADRE".
7. We have given thoughtful consideration to the averments and arguments of the learned Counsel for the applicant and the respondents. We have also carefully gone through all the documents and records including the judgements of the Superior Courts, relevant sections and clauses of the departmental rules etc, which were brought on record by the respective Counsels.
8. Let us summarise the arguments of the counsel for the applicant and the respondent. The contention of the counsel for the applicant, in brief is as follows:
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1. The merger of the cadres of PA (SBCO) and PA (PO) was purely an administrative decision of the respondents. The applicant gave his willingness to switch over his cadre, only in response to the administrative fiat of the respondents.
2. The declination by the applicant on three occasions to his promotion, was duly accepted by the respondents. For the same, he has suffered the consequences by being not considered for promotion for one year each time, from the date of declination.
3. It is very obvious & is well understood that since he was found fit for promotion on three occasions, he would have also been eligible for 2nd MACP also.
4. On merger of the two cadres, as per the new rules & conditions, he is now placed lowest in the seniority list. Hence, the opportunity of promotion is also closed to him, which would have been otherwise available to him, had the merger not taken place; as was made available to him, on last three occasions between 2019 and 2022.
5. Therefore, at least, he should be given second MACP on the completion of one year from the date of his last declination, i.e. from 8th August 2023.
9. On the other hand, the counsel for respondents essentially states the following:
1. The applicant had given his willingness for the change of cadre from PA(SBCO) to PA(PO), with his eyes and ears open . He is well aware of all the conditions associated with this cadre change, including the fact that he would be placed below the existing officials of PA(PO) in the gradation list.
2. Since, he had declined his promotion on three occasions earlier, he cannot make any claim for grant of second MACP in the light of the rules, cited above.
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10. Let us now examine the above contentions in the light of available documents.
There is enough documentary evidence on record which very clearly indicates that even though merger of cadres of PA(SBCO) and PA(PO) was an administrative decision, there was absolutely no compulsion involved. In this regard it would be beneficial to cite relevant paras of the orders issued by Department of Posts regarding merger of PA (SBCO) and PA (FPO) with PA (PO). The relevant portions of the Annexure-A enclosed with Letter No.Q-25/11/2022-PE-I DOP dated 16.11.2022 reads as follows:
"c) Existing incumbents of PA (SBCO) cadre may make a request in writing to switch over to PA (PO) cadre and such requests shall be received till 3l.l2.2022. Those officials of PA (SBCO) cadre who shall submit request to switch over to PA (PO) cadre before the prescribed date shall be taken on the strength Of the Postal Division/Unit where the official is presently working. However, such an official may make a request for posting in any other Division/Unit of the Circle and in such cases the official shall invariably be taken on the strength of that Division/Unit, if vacancy is available."
11. Likewise Para 3 and Para 4 of letter No.-Q-25/11/2022-PE-I-DOP dated 30th May, 2023 reads as follows:
3. "Therefore, it has been decided to give another opportunity to the left-out PA (SBCO) of all Circles and PA (FPO), Mumbai to exercise their option to switch over to PA (PO). This opportunity shall be available from 01.06.2023 to 30.06.2023 (Both days inclusive).
4. The left out officials of PA( SBCO) and PA (FPO), Mumbai who shall now exercise their option to switch over to PA (PO) during this window shall be deemed to have exercised their option by 31.01.2023, i.e. the last date of the first opportunity. This is the last opportunity for left out PA (SBCO) and PA (FPO) cadre officials and no further chance will be given".
12. Thus on two occasions, opportunity was given to the employees of PA (SBCO) to give their willingness for joining the cadre of PA (PO) and there was no compulsion involved. These letters clearly indicate that the willingness of those mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 9 O.A. No.248/2024/CAT/BANGALORE belonging to the cadre of PA (SBCO) was asked for. It is at this stage that the applicant had given his willingness Vide letter dated 28th June 2023. Hence the contention of the counsel for applicant that he had absolutely no choice in the matter, is not tenable and is rejected.
13. It would be now beneficial to revisit the relevant provisions of:
1. The DoPT OMs related to eligibility criteria for sanction of MACP
2. The conditions attached to the merger of the cadres and
3. The orders of acceptance of the declination to his promotions by the Dept. of Posts.
14. The relevant provisions of the consolidated guidelines of DoPT OM No. 35034/3/2015-Estt.(D) dated 22 October 2019 are stated as follows:
1. There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years services, respectively, or 10 years of continuous service in the same Level in Pay Matrix, whichever is earlier.
...........
9. 'Regular service' for the purposes of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption /re-employment basis.
............
15. If a financial upgradation under the MACPS is deferred and not allowed after 10 years in a level, due to the reason of the employees being unfit or due to departmental proceedings, etc., this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of first financial upgradation. ..........
17.(i)For grant of financial upgradation under the MACP Scheme, the prescribed Benchmark 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 benchmark shall be applicable for the APARs for the year 2016-17 and subsequent years.
mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 10 O.A. No.248/2024/CAT/BANGALORE For example, if a particular MACP fails due on or after 25.07.2016, the following benchmarks for APARs are applicable:
APAR for the year Benchmark Benchmark
grading for MACP grading for MACP
for Level 11 and for Level 12 and
below above
2013-14 and Good Very Good
earlier years
2014-15 Good Very Good
2015-16 Good Very Good
2016-17 Very Good Very Good
2017-18 and Very Good Very Good
subsequent years
.......
20. Financial upgradation under the MACPS shall be purely personal to the employee and shall have no relevance to his seniority position.
......
22. In case an employee is declared surplus in his/her organisation and appointed in the same pay-scale or lower scale of pay in the new organization, the regular service rendered by him/her in the previous organisation shall be counted towards the regular service in his/her new organisation for the purpose of giving financial upgradation under the MACPS.
23. In case of transfer 'including unilateral transfer on request', regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organisation/office for the purpose of getting financial upgradations under the MACPS.
24. If a regular promotion has been offered but was refused by the employee before becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion.
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15. In the light of above rules cited in DoPT OM, let us now examine the orders of declination of promotion issued to the applicant which are indicated as below:
"To 27.08.2019
Nagendra G
PA SBCO
Manipal HO-576104
NO/BI/III/32
Sub: Declination of Promotion to the cadre of LSG Supervisor Cadre (SBCO)-reg Ref: CO letter No.STA/18-3/LSG SBC0/2018 & 2019 dtd 13.08.2019 Ref: RO Endt No.SK/STA/4-4/HSG-LSG/SBC0/2016 dtd 19.08.2019 You have been promoted to LSG Cadre vide CO memo no..STA18- 3/LSG SBCO /2018-2019 dtd 08.03.2019 and declined your promotion to LSG Cadre (SBCO). Your declination is accepted by the competent authority. Date of acceptance of declination is 22.03.2019. You will not be considered for promotion to LSG cadre for one year from the date of declination or until a vacancy is taken up for consideration as per the recruitment rules that are applicable whichever is later.
The declination will have an effect on grant of benefits under MACP.
Superintendent of Post Office Udupi Division Udupi 576101"
"To 04.02.2021
Nagendra G
PA SBCO Manipal HO-576104
NO/BI/III/32
Sub: Declination of Promotion to the cadre of LSG Supervisor Cadre (SBCO)-reg Ref: CO letter No.STA/18-3/LSG SBCO/2020 dated 20.01.2021 Ref: RO Endt No.SK/STA/4-4/HSG-LSG/SBC0/2021 dtd 29.01.2021 You have been promoted to LSG Cadre vide CO memo no STA/1- 8/LSG /SBCO /2020 dtd 13.11.2020 conveyed vide RO memo no. SK/STA/4-4/HSG-LSG/SBCO dtd. 20.11.2020 and declined your promotion to LSG Cadre (SBCO). Your declination is accepted by the competent authority. Date of acceptance of declination is 31.12.2020 mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 12 O.A. No.248/2024/CAT/BANGALORE You will not be considered for promotion to LSG cadre for one year from the date of declination or until a vacancy is taken up for consideration as per the recruitment rules that are applicable whichever is later.
The declination will have an effect on grant of benefits under MACP.
Superintendent of Post Office Udupi Division Udupi 576101"
"To 23.08.2022
Sri Nagendra G
PA SBCO
Manipal HO-576104
NO BI/III/32
Sub: Declination of promotion to the cadre of LSG (SBCO) -reg Ref: SK/STA/4-4/HSG-LSG/SBCO/2022 dtd 22.08.2022 This is to intimate that vide letter no. SK/STA/4-4/HSG-LSG/SBCO/2022 dtd 22.08.2022, the Competent authority has informed that your declination for promotion to the cadre of LSG (SBCO) Chikkamagaluru HO is accepted and the date of declination is 08.08.2022. It is also informed that you will not be considered for promotion to LSG cadre for a period of one year either on regular or adhoc basis from the date of declination. Further the declination will also have an effect on grant if financial upgradation under MACP scheme as per the existing rules till you accept the promotion. This is for your information.
Superintendent of Post Office Udupi Division, Udupi-576101"
16. The crucial portion of the above three orders is exactly the same and it is reiterated as follows:
"You will not be considered for promotion to LSG cadre for one year from the date of declination or until a vacancy is taken up for consideration as per the recruitment rules that are applicable whichever is later.
The declination will have an effect on grant of benefits under MACP."
It is clear from above that the period of deferment for consideration of promotion is one year from the date of declination. Though the period for which mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 13 O.A. No.248/2024/CAT/BANGALORE MACP would be affected is not clearly mentioned, it can be safely assumed, in the light of the last sentence of Para No.24 of DoPT OM dtd. 22.10.2019 that it cannot be more than one year, which is the period prescribed for being eligible for promotion, as promotion is definitely a notch higher than grant of MACP.
17. Let us examine the eligibility of the applicant for MACP in the light of the above rules, as stipulated in the above mentioned DoPT OM. The applicant had joined the service in 1999. Hence, by 2023, he has completed 24 years of Regular service, and therefore, he would definitely be eligible for grant of second MACP, (Para 1 r/w Para 9 of DoPT OM) subject to fulfilment of other criteria. Para 15 indicates the conditions under which financial upgradation under MACP can be denied or deferred. It mentions two such conditions which are:
"Being found unfit for promotion or due to departmental proceedings which will have consequential effect on the subsequent financial upgradation. This para does not at all indicate deferment or postponement of financial upgradation on grounds of rejection / declination of promotion. Para 17 stipulated that for grant of financial upgradation under the MACP scheme, the prescribed benchmark shall be "Very Good" for all levels and this would be applicable for all the APARs , with effect from 2016- 17 onwards. The fact that the applicant was offered promotion thrice between 2019 and 22 clearly indicate that he would have been otherwise eligible for MACP also, had there not been adequate vacancies. Para 20 mentions that financial upgradation under the MACP scheme shall be purely personal to the employee and shall have no relevance to his seniority position. This basically means that even if an individual is ranked low in the seniority, he can be granted MACP if he is otherwise fulfilling the criteria including length of service. Thus, it is clear that even though the applicant is ranked below the PA (PO), on the merger of the two cadres, he would be otherwise eligible for 2nd MACP, for having completed 20 years of service."
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18. Let us now examine the response of the respondents to the request of the applicant for grant of second MACP. They are mentioned at Annexure's 16 and 17 and are reproduced below ad verbatim:
"To: Dt: 06.02.2024
The Postmaster General
South Karnataka Region
Bengaluru-560001
No. STA/4-3/MACP/RepmDlgs/2023 dated at Bg-560 001 the 06.02.2024 Sub: Representation received from Shri Nagendra LRPA, Kundapura HO (then PA SBCO) regarding grant of MACP-II-reg Ref: Your office letter No. SK/STA/4-3/MACP/UDP/IIIdated 19-12- 2023.
This is regarding grant of MACP-II, case of Sri Nagendra, PA, Kundapura HO.
The official has made a representation requesting for grant of MACP- II. On perusal or the case, it is seen that
1) The official was initially appointed in PA(SBCO) cadre on 21-06- 1999.
2) MACP-I was granted w e f 22-06-2009.
3) MACP-II was not granted to the official, since, the official declined regular LSG promotion in SBCO cadre on 22-03-2019 and 31-12-2020 and accepted by the competent authority."
As per Directorate guidelines regarding cadre merger of PA (SBCO) with PA (PO) issued vide letter No. 25/11/2022-PE-I/DOP dated 16-11-2022 and 23- 12-2022, the official opted to switch over to PA (PO) cadre from PA (SBCO) Cadre. Knowing fully about the consequences on declination like MACP, the official declined LSG promotion and also being aware that he will become mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 15 O.A. No.248/2024/CAT/BANGALORE junior in the Gradation List on merger of PA (SBCO) with PA (PO) cadre, the official has voluntary opted for PA (PO) cadre. In view of the above circumstances, there appears no merit in the request of the official for grant of MACP. The official may be informed accordingly."
19. "From To Supdt of Post Offices Sri Nagendra G Udupi Division PA Udupi 576101 Kundapura HO 576201 NO/BI/I/SBCO-5 20.02.2024 Sub: Grant of MACP II reg Ref: Your representation dated 09.10.2023. With reference to the above subject, your representation dated 09.10.2023 was forwarded to PMG, SK Region, Bengaluru for guidance. Reply received from the Competent Authority vide letter no SK/STA/4- 3/MACP/UDP/III/ dtd 14.02.2024 is reproduced below. The request has been examined by the Circle office and rejected in view of the following.
1. As per DTE guidelines regarding cadre merger of PA(SBCO) with PA(PO) issued vide letter no. 25/11/2022-Pe-1/DOP dated 16.11.2022 and 23.12.2022, the official opted to switch over to PA(PO) cadre from PA(SBCO)cadre.
2. Knowing fully about the consequences on declination like MACP, the official declined LSG promotion and also being aware that he will become junior in the gradation list of merger of PA(SBCO) with PA(PO) cadre, the official has voluntarily opted for PA(PO) cadre.
3. In view of the above circumstances, there appears no merit in the request of the official for grant of MACP.
This is for information please."
20. It appears that the above two letters clearly indicate that that MACP was not granted to the applicant, between 2019 and 2022, as he had declined promotion. This is strictly as per the laid down rules. However, the letters are totally mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 16 O.A. No.248/2024/CAT/BANGALORE silent about the eligibility of the applicant for grant of MACP, after 8th August 2023, when the period related to the impact of his last declination on 8 August 2022 expires. No reason or justification is given by the respondent regarding denial of MACP to the applicant AFTER the period of declination which is one year expires.
21. At this stage, it would be appropriate to have a re-look at the Para No 24 of DoPT OM number -- dtd 22nd October 2019, which reads as follows:
"If a regular promotion has been offered but was refused by the employee before becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently, refuse the promotion, it shall trot be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion"
The last sentence of the above para is of considerable significance. It stipulates that the applicant would be eligible for further financial aggregation only if he agrees for promotion again and in such a case, second or next financial upgradation shall be deferred to the extent of period of debarment due to refusal of promotion. This clearly means that financial upgradation in the form of MACP, can be denied to the applicant only for the period of debarment, which is one year from the date of declination, as mentioned in the three orders of Acceptance of declination cited above.
22. From the above, the following conclusions can be drawn:
1. The applicant, having joined the service in 1999, and having Regular Service of more than 20 years, is eligible for MACP, in 2023 as per the extant DoPT rules, subject to fulfilment of other conditions.
mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 17 O.A. No.248/2024/CAT/BANGALORE
2. The deferment for sanction of MACP can be done only under two conditions: if the applicant is found unfit for promotion or he is facing departmental proceedings. None of these conditions has been stated to be applicable to the applicant.
3. The applicant was not granted MACP, from 2019 to 2023, in view of his refusal for promotion, as per the extant rules.
4. The three orders of acceptance of Declination, cited at annexures A-3, A-6, A- 7 clearly indicate that the period of debarment or deferment is exactly one year from the date of declination.
5. Para number 24 of DoPT OM vide dtd. 22 October 2019 makes it very clear that financial upgradation can also be deferred only to the extent of period of department due to refusal of promotion, which is one year.
6. It is seen that the last date of declination promotion by the applicant is 8 August 2022 as per Annexure R6. Hence, the period of deferment or debarment for both MACP and the promotion for the applicant, being one year, expires on 7 August 2023.
7. The proviso regarding sanction of MACP subject to acceptance of promotion is not applicable here as no such offer has been made to the applicant at this stage, as he is low in the seniority list after the merger of the two cadres.
8. From the above matrix of facts and circumstances, it is very clear that the applicant has become eligible for sanction of MACP with effect from 8 August 2023, subject to fulfilment of other conditions, related to his APARs etc.
23. Hence, the OA succeeds to a considerable extent. The applicant is certainly eligible for MACP, after the period of debarment is over, but not from 21.6.2019 or 01.01.2023 as asked for in 8(b) of the OA. Hence, it is hereby ordered:
1. Order No STA/4-3/MACP/RepmDlgs/2023 dtd. 06.02.2024 issued by Respondent No. 2 at annexure A-16 and Order No. NO/BI/I/SBCO-5 dtd.
mikasha suneja mikashaCAT Bangalore 2025.11.12 suneja +05'30' 17:02:02 18 O.A. No.248/2024/CAT/BANGALORE 20.02.2024 Annexure A-17 issued by respondent number 4 are quashed and set aside.
2. The respondents are directed to grant the benefit of second MACP to the applicant, from 8 August 2023, that is on completion of last one year of the period of debarment, consequential to declination of promotion by the applicant, with all consequential benefits. No costs.
Sd/- Sd/-
(SANTOSH MEHRA) (JUSTICE B.K. SHRIVASTAVA)
MEMBER (A) MEMBER (J)
kr
mikasha suneja
mikashaCAT Bangalore
2025.11.12
suneja +05'30'
17:02:02