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The aforesaid paragraphs stipulate in plain words that a government servant shall be entitled to grant of three financial upgradations on completion of 10, 20 and 30 years of continuous regular service, from direct entry into the grade, whenever the said employee has spent 10 years continuously in the same grade pay. MACP Scheme has modified and replaced ACP Scheme. Under the ACP Scheme, a government servant was entitled to two financial upgradations after 12 and 24 years of continuous service. Paragraph 28 of the MACP Scheme, by way of illustrations explains the scope and ambit of paragraphs 1 and 2 of the MACP Scheme. As one of the illustrations in sub-paragraph B is relevant, the same is reproduced below:-

6. The contention of the respondents, however, is that the petitioner was selected and appointed as PGT by a process of direct recruitment on 15th February, 1992 and, therefore, the service rendered by him in the post of TGT from 21st November, 1973 till 14th February, 1992 cannot be treated as continuous regular service for the purpose of MACP Scheme. The said contention, in our opinion, is fallacious and has to be rejected in terms of paragraph 9 of the MACP Scheme, which reads:-

8. As we are reversing the order of the Tribunal, we would like to reproduce the reasoning given by the Tribunal in the impugned order dated 6th November, 2012 and point out the error made. Paragraphs 17 and 18 of the impugned order dated 6th November, 2012 read as under:-

"17. However, two things intervened, first was his promotion as Vice Principal on 08.01.2008, within 10 years of his eligibility for grant of 1st financial upgradation under ACP Scheme, with effect from 01.01.1998, payable to him with effect from 09.08.1999, the date of introduction of the ACP Scheme, and the second thing which intervened was the replacement of the ACP Scheme itself by the MACP Scheme with effect from 19.05.2009 through Annexure R-3. Under the new MACP Scheme, since the element of stagnation within the same Grade Pay was introduced, and the Grade Pay for TGT is different than that of PGT, for the purpose of MACP Scheme, the applicant can start counting his period of stagnation only in the grade of a PGT, from the date of his appointment as PGT i.e. 15.02.1992. Under the MACP Scheme, he cannot count the benefit of the period earlier spent by him under the same 5 th CPC pay scale with effect from 01.01.1986 to 14.02.1992 in the Senior Scale of TGT, for the purpose of counting of stagnation, since the two posts of TGT and PGT do not carry the same Grade Pay.

18. The applicant thereafter completed 10 years of service in the Grade Pay associated with the pay scale of PGT on 14.02.2002, and he would have been eligible for grant of his 1st financial upgradation under MACP Scheme after 10 years of continuous service in the post of PGT, with effect from 15.02.2002, and would have been eligible for grant of his second financial under MACP Scheme on completion of 20 years of service as PGT on 15.02.2012, but for the period of his stagnation as PGT being interrupted and cut short on account of his promotion as Vice-Principal on 08.01.2008, and his superannuation thereafter on 28.08.2011."