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Dated this the 5th day of November 2020 Gopinath, J.

This Original Petition has been filed by the Union of India & its officers challenging the order dated 5.1.2017 in O.A.No.180/00006/2014 on the file of the Central Administrative Tribunal, Ernakulam Bench. The Tribunal has allowed the claim of the respondent/applicant for the benefit of the 3 rd financial up- gradation under the 'Modified Assured Career Progression' (MACP) Scheme (hereinafter referred to as MACP for short). The petitioners say that the respondent is not entitled to the 3rd financial up- gradation as he has not completed the requisite years of service for the same.

3. Sri. T.V. Vinu, the learned counsel appearing for the petitioners would contend that the Tribunal misdirected itself in law in granting to the respondent the benefit of the 3 rd financial up- gradation under the MACP Scheme. According to the learned counsel for the petitioners, when the Tribunal itself found that the respondent could be treated as having joined service only on 29.8.1980, the Tribunal could not have proceeded to grant the benefit of 3 rd MACP on a finding that there was a shortage of only two months and on the premise that his service from 21.11.1968 to 31.12.1969 should anyway be reckoned for determining the length of service rendered by the respondent. He very vehemently contends that the Tribunal failed to appreciate the facts of the case properly and misconstrued the provisions of the MACP Scheme.

5. We have considered the contentions raised by either side. The MACP Scheme which was introduced based on the recommendation of the 6th Central Pay Commission. MACP Scheme was notified on the 19th of May, 2009, with retrospective effect from 1st of September, 2008, and had replaced the ACP Scheme with effect from 1st September, 2008. The details of the MACP Scheme and conditions for grant of the financial up-gradation under the MACP Scheme are given in Annexure-l to Office Memorandum bearing No.35034/3/2008-Estt(D) issued by the Government of India in the Ministry of Personnel Public Grievances and Pensions on the 19 th May 2009. Paragraph 9 of Annexure-l to the said Office Memorandum reads as follows: -

Thus it is clear that for the MACP Scheme, the regular service shall commence from the date of first entry into service on regular basis and that only ad-hoc or contractual employment will be excluded. Thus it is clear that in the facts of the present case the service of the respondent from 21.11.1968 to 29.8.1980 cannot be excluded for determining eligible service under MACP. Further paragraph 23 of the same Annexure -I, upon which considerable reliance has been placed by the Learned Counsel for the respondent reads as follows: -