Central Administrative Tribunal - Delhi
Om Prakash Vi vs D/O Post on 6 January, 2026
1
Item No.36(C-IV)
OA No.1858/2020
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1858/2020
Order reserved on : 19.11.2025
Order pronounced on : 06.01.2026
Hon'ble Mr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Sh. Om Prakash-VI
Age-62 years,
S/o Shri Lakhpat Singh,
Address : Bannumiyan Colony,
Near Sunny Medical Store,
Main Road, Fazilpur,
District Meerut, UP.
...Applicant
(By Advocate : Ms. Aishwarya Dobhal)
Versus
1. Union of India
Through its Secretary,
Department of Posts,
Ministry of Communication & IT,
Dak Bhawan, New Delhi.
2. The Chief Post Master General,
UP Circle, Department of Posts,
Lucknow-226001
3. The Director of Accounts(Postal),
Department of Posts,
Ministry of Communication & IT,
Lucknow-226001
4. The Superintendent(RMS),
SH Division, Saharanpur-247001.
...Respondents
(By Advocate: Mr. S.N. Verma)
Digitally signed by
RACHNA KAPOOR
RACHNA KAPOOR
Date: 2026.01.07
14:12:14+05'30'
2
Item No.36(C-IV)
OA No.1858/2020
ORDER
By Hon'ble Mr. Rajveer Singh Verma, Member (J) :-
The applicant has filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-
"a) Pass an order quashing the impugned dated 10.01.2020, vide which the respondents have denied the legitimate requests of the applicant;
b) Pass an order for grant of benefits of ACP/MACP Scheme, by ignoring promotions attained through Departmental Examinations, while calculating АСР/МАСP, in pursuance to Memo No. В2/МАСР III/Digs/2016 dated 22.03.2017 of Department of Posts, Chennai in respect to compliance of the judgement of the Supreme Court of India in SLP No. 4848/2016;
c) Pass an order for grant of interest @ 6% for the delay caused in grant of the benefits of ACP/MACP scheme, to be counted from the day the said benefit became due to the applicant;
d) Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the applicant."
2. The factual matrix of the case, as explained by the learned counsel for the applicant, is that the applicant was appointed as Mailman Group 'D' on regular basis Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' in Railway Mail Services (RMS), Branch Meerut Cantt., 3 Item No.36(C-IV) OA No.1858/2020 SH Division Saharanpur, Uttar Pradesh- 250001 on 28.04.1982 vide letter no. B-1/16C/Rectt/Class IV/81 dated 23.04.1982 of RMS 'SH' Division, Indian Posts & Telegraphs Department, Saharanpur. On clearing Departmental Examination held on 30.07.1995, the applicant was promoted to the post of Sorting Assistant on 24.06.1996, and was deputed for induction training course for the cadre of Sorting Assistants w.e.f. 08.04.1996 to 22.06.1996. Accordingly, the applicant completed his 12 years regular service on 27.04.1994 and he was entitled for grant of 1st ACP. Thereafter, the applicant was entitled for grant of 2nd ACP on completion of his 24 years regular service i.e. on 27.04.2006 as per ACP Scheme. However, the applicant never received the benefits of the ACP Scheme.
3. Learned counsel for the applicant submitted that in June, 2010, a wrong penalty was imposed upon the applicant vide Memo dated 16.06.2010 (Annexure- A/4), whereby the Grade Pay of the applicant was reduced two steps down from Rs.12,980/- to Rs.12,230/- for a period of three years. However, on applicant's appeal dated 05.07.2010, his punishment Digitally signed by was revised by reducing it only one stage for three RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 4 Item No.36(C-IV) OA No.1858/2020 years without cumulative effect vide letter dated 06.04.2011. Learned counsel for applicant submitted that the applicant was directly granted 2nd MACP w.e.f. 01.07.2013, in the Grade Pay of Rs. 2800/- vide order dated 17.10.2017.
4. Learned counsel for the applicant further submitted that the applicant has been deprived of 1st ACP, 2nd ACP and thereafter, 3rd MACP due to incorrect determination of his regular service and promotion. Hence, the OA.
5. The contention of the learned counsel for the applicant is that the applicant was entitled for 3rd MACP on completion of 30 years of regular service on 27.04.2012. It is submitted that promotion to the next post in hierarchy, which is attained by clearing departmental examination, cannot be counted as promotion while calculating ACP/MACP. It is also submitted that the promotion achieved by clearing a departmental exam is earned by an employee on his own merit.
6. It is contended by the learned counsel for the applicant that the applicant completed his 12 years Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 regular service on 27.04.1994 and he was entitled for 14:12:14+05'30' 5 Item No.36(C-IV) OA No.1858/2020 grant of 1st ACP w.e.f. 09.08.1999 i.e. the date of implementation of ACP scheme and he was entitled for grant of 2nd ACP on completion of his 24 years regular service i.e. on 27.04.2006. It is also contended that after the implementation of MACP Scheme, the applicant was entitled for 3rd MACP on completion of 30 years of regular service counted from entry grade (i.e. 28.04.1982) on 27.04.2012. It is submitted that the applicant has retired on attaining the age of superannuation on 31.12.2018.
7. Learned counsel for the applicant relied upon the DoP&T OM No. 35034/1/97-Estt.(D) dated 09.08.1999 (Annexure-A/7). According to the said OM, employees of Group 'B' 'C' and 'D' categories are entitled for two financial upgradations under ACP Scheme; 1st on completion of 12 years of regular service and 2nd on completion of 24 years of regular service, if they have not received regular promotion during the prescribed periods.
8. Learned counsel for the applicant submitted that the present case is similar to O.A. No. 1088/2011 filed before the Madras Bench of the Tribunal titled D. Digitally signed by Sivakumar Vs. UOI & Others. The said order of the RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 6 Item No.36(C-IV) OA No.1858/2020 Madras Bench was later affirmed by the Hon'ble High Court in Writ Petition No. 30629/2014 titled Union of India Vs. D. Sivakumar decided on 04.02.2015 (Annexure-a/9). Thereafter, the said order of the Madras Bench of this Tribunal was further challenged by the respondents before Hon'ble Apex Court by way of SLP No. 4848/2016 titled Union of India & Ors. Vs. D. Sivakumar and the same was rejected vide order dated 16.08.2016 (Annexure-A/10) by the Hon'ble Apex Court. Therefore, the order of Madras Bench of this Tribunal has attained finality.
9. In support of his contentions, learned counsel for the applicant relied upon the following orders/judgments of the Tribunal :-
(i) Order/judgment dated 26.07.2018 of the Jabalpur Bench of this Tribunal in OA No. 534/2012 in the matter of Naresh Kumar Verma Vs. Union of India & Ors.;
(ii) Order/judgment dated 20.02.2025 of this Tribunal in OA No. 1857/2020 with OA No. 1862/2020 in the matter of Sh. Madan Mohan Vs. Union of India & Ors.; and Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 7 Item No.36(C-IV) OA No.1858/2020
(iii) Order/judgment dated 29.05.2023 of this Tribunal in OA No. 820/2020 in the matter of Ram Sagar Vs. Union of India & Ors.
10. This Tribunal in order/judgment dated 29.05.2023 in OA No. 820/2020 in the matter of Ram Sagar (supra) has held as under:-
"7. For parity of reasons recorded in Kapoor Singh (supra), the impugned order dated 12.03.2020 is quashed and set aside. The applicant is held to be entitled for 1st and 2nd financial upgradation, on completion of 10 and 20 years of service respectively, in accordance with the provisions contained in the instructions governing MAСР. Ассordingly, the competent authority amongst the respondents is directed to issue necessary orders in this regard and release the benefits forthwith, certainly not later than a period of 12 weeks from the date of receipt of this order. The arrears too shall be released, albeit without interest, during this period of 12 weeks. However, in terms of the judgment of Hon'ble Supreme Court, the arrears shall be restricted to only a period of three years preceding the date of filing this Original Application.
8. The present OA stands allowed in the aforesaid terms.
9. No order as to costs."
11. The relevant portion of the Order/judgment dated 26.07.2018 of the Jabalpur Bench of this Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 8 Item No.36(C-IV) OA No.1858/2020 Tribunal in OA No. 534/2012 in the matter of Naresh Kumar Verma (supra) reads as under:-
"18. The main submission of the counsel for the respondents is that the applicant was served with a charge sheet on 25.08.2008 which was decided on 29.09.2008 by respondent No.4 and awarded punishment of 'Censure'. On revision of said punishment, the reviewing authority converted the punishment to withholding on one increment for one year without cumulative effect.
19. It is clear from the pleadings that the only reason for not giving MACP to the applicant is that there is punishment of withholding of one increment for one year without cumulative effect. But the reasons given by the replying respondents is totally contrary to the instruction issued by the DoPT's O.A. dated 19.05.1984. So, the reason given by the replying respondents is not sustainable in the eye of law.
20. In view of the above, this Original Application is allowed and the impugned order dated 23.04.2012 (Annexure A-1) is quashed and set aside. Respondents are directed to consider the claim of the applicant for financial upgradation/ promotion under MACP Scheme in the grade pay of Rs.4600/- w.e.f. 01.09.2008 along with all consequential benefits. The said exercise shall be completed within 60 days from the date of receipt of certified copy of this order. No costs."
12. By applying the above mentioned orders, learned counsel for the applicant stated that the present RACHNA KAPOOR Digitally signed by RACHNA KAPOOR applicant is also entitled for notional increment w.e.f. Date: 2026.01.07 14:12:14+05'30' 9
Item No.36(C-IV) OA No.1858/2020 2012. Summarising the averments made by her, learned counsel for the applicant stated that the present applicant is entitled for 1st financial upgradation in the year 1999, 2nd financial upgradation in the year 2006 and 3rd financial upgradation in the year 2012.
13. Pursuant to notice, the respondents have filed their counter affidavit opposing the OA. Learned counsel for the respondents submitted that the issue of Limited Departmental Competitive Examination and its impact on financial upgradation has been adjudicated by several Hon'ble High Courts and Hon'ble Apex Court. There are contrary judgments from various Hon'ble High Courts, however, in the case of D. Sivakumar (supra) the Hon'ble Apex Court has not given final judgment, they had allowed the relief to the petitioner therein and have kept the question of law open and hence the same judgment cannot be applied in all the cases. He further added that several other judgments of Hon'ble High Courts are already under challenge before the Hon'ble Supreme Court and no final judgment has come yet. Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 10 Item No.36(C-IV) OA No.1858/2020
14. Learned counsel for the respondents to a query regarding the implementation of the decision of this Tribunal in OA No. 820/2020, 1857/2020 and Coordinate Bench of this Tribunal at Jabalpur in order/judgment dated 26.07.2018 in OA No. 534/2012, submitted that the respondents are in the process of challenging the order of implementation in OA No.1857/2020 with OA No.1862/2020. With regard to OA No.820/2020 and Coordinate Bench decision at Jabalpur Bench in OA No.534/2012, he was not able to assist us for want of appropriate information.
15. Learned counsel for the respondents submitted that the applicant qualified LGO Exam in the year 1995 and deputed for training course at PTC Saharanpur vide Memo dated 2-3/04/1996. Thereafter, he was promoted and joined SA SRO Meerut Cantt w.e.f. 09.07.1996, which was treated as 1st promotion. Thereafter, the applicant got 2nd MACP w.e.f. 01.07.2013 which was treated as 2nd promotion. The name of the applicant was placed before the DPC for grant of 3rd MACP on 18.02.2019, however, the DPC did not recommend the 3rd MACP due to below Digitally signed by benchmark gradings. Learned counsel for the RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 11 Item No.36(C-IV) OA No.1858/2020 respondents further submitted that as per the Directorate letter No.22-4/2000 PEI dated 11.09.2000, it is hereby clarified that ACP scheme is applicable to those cadre/posts but which have not been covered by Departmental promotional TBOP/BCR Scheme.
16. Learned counsel for the respondents submitted that the applicant otherwise would have been eligible for grant of 2nd MACP w.e.f. 01.09.2008, but due to the currency of punishment, 2nd MACP was deferred for four years 10 months and granted on 01.07.2013 instead of 01.09.2008. Therefore, the 3rd MACP was also deferred for four years and 10 months i.e. from 27.02.2017.
17. In support of his contentions, learned counsel for the respondents relied upon the following judgments :-
(i) Kunhayammed & Ors. Vs. State of Kerala & Anr. (2000) 6 SCC 359
(ii) V.M. Salgaokar & Bros. (P) Ltd. Vs. CIT (2000) 5 SCC 373.
(iii) Union of India & Ors. Vs. K. Ranganatha Pillai SLP (C) (Diary) No.29189/2019 dated Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 20.09.2019.
14:12:14+05'30' 12 Item No.36(C-IV) OA No.1858/2020
(iv) Decision of Hon'ble High Court of Delhi in Uttam Singh & Ors. Vs. MCD & Ors. in WP(C) No.2512/2012.
(v) Decision of the Hon'ble High Court of Karnataka Dharwad Bench dated 27.11.2018 in WP(C) No.102322/2018.
(vi) Decision of the Hon'ble High Court of Punjab and Haryana at Chandigarh dated 28.01.2019 in WP(C) No.4829/2015.
18. We have heard the learned counsel for the parties and perused the material placed on record.
19. From the above factual matrix and after hearing the arguments of both sides, following facts are undisputed :-
(i) The applicant was appointed to the post of Mailman Group 'D' on regular basis on 28.04.1982.
After clearing Limited Departmental Competitive Examination (LDCE), he got promotion/ appointment/selection to the post of Sorting Assistant w.e.f. 24.06.1996. As per the ratio laid down in order dated 14.03.2013 by a Coordinate Bench of this Tribunal at Madras in OA No.1088/2021 titled as D. Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 13 Item No.36(C-IV) OA No.1858/2020 Sivakumar Vs.UOI & Ors., which acquired its finality with the disposal of WP(C) No.30629/2014 titled Union of India & Ors. Vs. D. Sivakumar and another by the Hon'ble High Court of Madras vide its judgment dated 04.02.2015, and after that dismissal of SLP No.4848/2016 titled Union of India & Ors. Vs. D. Sivakumar by the Hon'ble Supreme Court vide its order dated 16.08.2016. The promotion to the next post in the hierarchy which is attained by clearing departmental examination cannot be counted as promotion while calculating ACP/MACP.
(ii) In pursuance to the recommendation of the 5th CPC, Government of India introduced Assured Career Progression (ACP) Scheme w.e.f. 09.08.1999 vide DOP&T OM No.35034/1/97-Estt(D). According to the above mentioned OM, employees of Group 'B', 'C' and 'D' categories are entitled for two financial upgradations under ACP Scheme i.e. the first on completion of 12 years of regular service and 2nd on completion of 24 years of regular service, if they have not received any regular promotion during the prescribed period.
Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 14 Item No.36(C-IV) OA No.1858/2020
(iii) On recommendations of 6th CPC, the Government of India had introduced Modified Assured Career Progression (MACP) Scheme w.e.f. 01.09.2008 vide DOP&T OM dated 19.05.2009. Under the said MACP, three financial upgradations are granted at interval of 10, 20 and 30 years of continuous regular service.
(iv) In the instant case, as the applicant was appointed to the post of Mailman Group 'D' on regular basis on 28.04.1982 and he had completed 12 years of service on 27.04.1994, however, as ACP scheme was introduced w.e.f. 09.08.1999, therefore, the applicant is entitled for first ACP on 09.08.1999. The applicant was promoted by clearing LDCE to the post of Sorting Assistant w.e.f. 24.06.1996 and this promotion is to be counted as direct appointment. As per the criteria of ACP Scheme, the applicant became entitled for ACP after completing 12 years from his direct appointment on 24.06.1996 and became entitled for ACP on 23.06.2008 i.e. before introduction of MACP Scheme which was introduced w.e.f. 01.09.2008.
Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 15 Item No.36(C-IV) OA No.1858/2020
20. It is a matter of record that MACP Scheme was introduced by DOP&T OM dated 19.05.2009 but the same was put into effect from 01.09.2008. In the instant case, admittedly, before introduction of the MACP Scheme under the OM dated 19.05.2009, the applicant has completed 12 years of service on 23.06.2008, after his promotion which is to be treated as Direct Recruitment on the post of Sorting Assistant w.e.f. 24.06.1996 and his request to get second financial upgradation under the erstwhile ACP Scheme got crystallised and such right cannot sought to be negated by bringing a new scheme with retrospective effect. The purpose and spirit of the career progression scheme is only for the benefit of employees, who face stagnation in their career. The purpose and spirit of the career progression scheme will be defeated, if the benefit under the new scheme is detrimental to the interest of the employee. In any event, as a principle of purposive interpretation, it has to be seen that what is more advantageous to the employee, is should be preferred, since the scheme being a beneficial one, cannot be allowed to result in loss to the employee on its implementation. Digitally signed by RACHNA KAPOOR Therefore, in all fairness and fitness of things, till the RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 16 Item No.36(C-IV) OA No.1858/2020 introduction of MACP Scheme by OM dated 19.05.2009, the benefit which accrued to the applicant under the erstwhile ACP Scheme ought to have been made available. In view of this analysis, applicant is entitled to the benefit of 2nd ACP w.e.f. 23.06.2008, and the same has to be made available to him.
21. The applicant completed his 30 years of continuous regular service on 27.04.2012, therefore, the applicant became entitled to grant of 3rd MACP on or after 27.04.2012. However, a disciplinary proceeding was initiated against the applicant vide Memo No.K-3/Fraud-AT/Meerut-Hissar/09-10 on 01.04.2010 under Rule 16 of CCS (CCA) Rules, 1965 and a penalty was imposed upon him by RMS 'SH' Division, Department of Posts, by the competent authority vide Memo dated 16.06.2010, wherein the Grade Pay of the applicant was reduced by two stages down from 12980/- to Rs.12230/- for a period of three years. The applicant filed an appeal against the said penalty order dated 16.06.2010 before the appellate authority, i.e. Director, Postal Services, Ghaziabad Dn Noida, Department of Posts, India, Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 17 Item No.36(C-IV) OA No.1858/2020 who, vide his order dated 06.04.2011 (letter No.DPC/Vig/App-01/10-11) altered the punishment so imposed by the competent authority and reduced the pay of the applicant by one stage for three years without cumulative effect. From this, it is stated that currency of the penalty is remained effective only upto three years, being minor penalty and, therefore, the applicant became entitled for MACP w.e.f. 01.07.2013 and before such date, ACP or MACP could not be granted. The applicant became eligible only after expiry of the currency period of the penalty, i.e. only after 01.07.2013 inspite of the fact that the applicant has completed 30 years of service on 27.04.2012. Thus, the benefit of 30 years of regular service to grant 3rd MACP is to be accrued only after 01.07.2013.
22. In view of the above, the OA is disposed of with the following directions :-
(a) Order dated 10.01.2020 passed by the respondents is quashed and set aside.
(b) The applicant is entitled for first ACP w.e.f.
09.08.1999, when the ACP scheme was introduced. The applicant shall be entitled for 2nd ACP w.e.f. Digitally signed by RACHNA KAPOOR RACHNA KAPOOR Date: 2026.01.07 14:12:14+05'30' 18 Item No.36(C-IV) OA No.1858/2020 23.06.2008. He shall be entitled for 3rd MACP on completion of currency period of the penalty so imposed upon him i.e. w.e.f. 01.07.2013.
(c) The respondents are directed to recalculate the benefits of ACP and MACP to be granted to the applicant, if he is otherwise found eligible, and make payment accordingly. However, it is clarified that no interest is payable on payments, if any.
23. All the pending MAs, if any, shall stand disposed of.
There shall be no order as to costs.
(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)
'rk'
Digitally signed by
RACHNA KAPOOR
RACHNA KAPOOR
Date: 2026.01.07
14:12:14+05'30'