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CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH RA No. 03 of 2019 (Arises out of OA No. 898/2015 - disposed of on 18.12.2018) Present: Hon'ble Mr. Gokul Chandra Pati, Member (A) Hon'ble Mr. Swarup Kumar Mishra, Member (J)

1. Shri Godabarish Sahoo, aged about 70 years, S.o Lae Purusottam Sahoo, Retired Asst. Meteorologist, Grade-I, presently residing At.P/O Haja, (Jankia), Dist. Khurda, Odisha.

.......Review Applicant.

"11. Admittedly, applicant had initially been appointed as Senior Observer in the scale of Rs.5000-8000 (pre-revised) in the year 1973. He was promoted as Scientific Assistant in the scale of Rs.5500-9000/- in the year 1982. He was further promoted as Professional Assistant (now Assistant Meteorologist) 2015 Gr.II (AM.II) in the scale of Rs.6500-10500 in the year 1995. While working as such, scale of Rs.6500-10500 was revised to Rs.Rs.7450-11500/- carrying Grade Pay Rs.4600/-. The applicant thereafter was promoted as Assistant Meteorologist, Gr.I(AM-I) in the scale of Rs.7500-12000/-(pre-revised) carrying Grade Pay of Rs.4800 in the year 2004 and subsequently retired from service on 31.03.2008 on attaining the age of superannuation. From above, it is clear that while the scale of Rs. 5500-8000/- of Senior Observer stood merged with the scale of Rs.5500-9000 of Scientific Assistant forming a common Grade Pay of Rs. 4200 as per 6th CPC recommendations, the post of Professional Assistant (Assistant Meteorologist) Gr.II (AM.II) carrying the scale of Rs.6500-10500/- was upgraded to Rs.7450-11500/- PB-2 (Rs.9300- 34800) with Grade Pay of Rs.4600/- as per the Gazette of India (Part-B) Section-I read with Part-C (Section-I) (A/2 series). Be that as it may, it is an admitted fact that the applicant was promoted as Assistant Meteorologist, Gr.I(AM-I) in the scale of Rs.7500-12000/- in the year 2004. Rule-1 of the MACP Scheme stipulates that there shall be three financial upgradations under the MACPS counted from the direct entry grade on completion of 10, 20, 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade. It is an admitted position that before completing 10 years service in the Grade Pay of Rs.4800/- the applicant has retired from service on superannuation. Therefore, by any stretch of imagination he could not be entitled to get the benefit of financial upgradation under the MACP Scheme. Secondly, as regards the benefit of merger of the post of Senior Observer in the scale of Rs.5000-8000 with that of Scientific Assistant carrying the scale of Rs.5500-9000/-, as indicated above, MACP Scheme provides merger of three pay scales, i.e,. Rs.5000-8000, Rs.5500-9000 and Rs.6500/10500/- to a common Grade Pay of Rs.4200/- and that too grant of the next higher grade pay in such a situation is to be considered only after the implementation of MACP Scheme. But in the instant case, whereas scale of Rs.5000-8000 and Rs.5500-9000 stood merged together, scale of Rs.6500-10500 was upgraded to Rs.7450-11500/- as per the recommendation of the 6th CPC whereafter applicant was promoted to Assistant Meteorologist, Gr.I(AM-I) in the scale of Rs.7500- 12000/-(pre-revised) carrying Grade Pay of Rs.4800 in the year 2004. Thus, the applicant having not completed 10 years service in GP Rs.4800/- is not entitled to any financial benefit under the MACP Scheme or for that by the time the Scheme came into force, he had already retired from service."

3. The applicant further averred that the applicant had joined service as Senior observer under the Respondent-Department with effect from 18.05.1973 and was promoted as Scientific Assistant in the scale of Rs. 5500-9000/- w.e.f 26.04.1982 and he was again promoted as Professional Assistant/Assistant Meteorologist, Gr.II (AM.II) in the scale of Rs. 6500-10500/- w.e.f. 17.02.1995 and as Assistant Meteorologist in the scale of Rs. 7500-12000/- w.e.f. 27.04.2004 and while working as such, the applicant retired on 31.03.2008 on attaining the age of superannuation. After 6th CPC came into force w.e.f. 01.01.2006 vide notification dated 18.06.2009 (Annexure A/1) the post of Senior observer was merged with Scientific Assistant w.e.f. 01.01.2006 carrying the revised pay scale of Rs. 9300-34800/- with Grade pay of Rs. 4200/-. According to applicant, vide Gazette Notification Part-B & C dated 29.08.2008, the post of Scientific Staff in the scale of Rs. 6500-10500/- with Post Graduate Degree was upgraded and placed in the scale of Rs. 7500-11500/- corresponding to the revised Pay Band (PB-2) of Rs. 9300/- - 34800/- with Grade Pay of Rs. 4600/-. Grievance of the applicant is that the Respondents without taking into consideration the relevant instructions provided in the Gazette Notification dated 20.08.2008 (A/2 series) in respect of the benefit of Scientific Service with Post Graduation Qualification in Science with effect from 01.01.2006, granted 1st and 2nd financial up gradation under the ACP Scheme in the scale of Rs. 7450-11500/- (pre revised) (revised to Rs. 9300-34800/- with GP of Rs. 4600/-) and Rs. 10000- 15200/- (pre revised) (revised to Rs. 15,600-39,100/- with Grade Pay of Rs. 4800/-) with effect from 17.02.1995 and 27.04.2004 respectively). Hence the applicant has filed original application challenging the orders dt. 08.05.2014 (Annexure -3) and order dtd. 25.02.2015 (Annexure -5) rejecting the claim of the applicant, stating that applicant is not entitled to any up gradation under MACP Scheme which is not at all the grievance of applicant, rather the applicant's grievance was to fix his pay scale as per 6th CPC taking into account the Scientific Service, with higher post graduate qualification as per Gazette Notification (Annexure 2 Series). The applicant further averred that the respondents in their counter at paragraph 6 to 9 took a stand that, as the minimum qualification for the applicant's cadre is B.Sc. with Physics as one of the subject, the applicant claim is not correct for up gradation, in pay based on Part-B, Section-I, Item (i) to (v) of Gazette Notification Annexure -2, which clearly states that post of Scientific Staff in the scale of Rs. 6500-10500/- carrying minimum qualification of Engineering Degree or a Post Graduation should be up-graded and Respondents further stated that, as per part-B, Section-I, item (i) to (v) of Gazette Notification Annexure-2 series, the applicant has joined as Sr. Observer for which the minimum qualification is Graduation, B.Sc. with Physics as one of the subject, and hence the same clause under item No. (iv) of the above said Gazette Notification is not applicable in this case and there is no guide line under ACP/MACP scheme for grant of financial up gradation on the basis of Post Graduate qualification in I.M.D., hence the applicant case holds no merit and is liable to be dismissed. It is further stated by the applicant that the Hon'ble Tribunal in the judgement at Para -3 and 4 while stating the applicant case and respondent case it has been mentioned "and therefore, he is entitled to 3rd financial up gradation under MACP Scheme"/ and last sentence of para-4 "and as such he is not entitled to Financial up gradation under MACP Scheme, para

4. The respondents in their objection inter alia averred that the applicant was initially appointed as Senior Observer on 18.05.1973 in the pay scale of Rs. 330-560/-. He was further promoted to the post of Scientific Assistant on 26.04.1982 in the scale of pay Rs. 425-700/-. While the matter stood thus keeping in view his seniority he was again promoted as Professional Assistant (Assistant Meteorologist-II) on 17.02.1995 in the scale of pay Rs. 1640-2900/-. The said scale of Rs. 1640-2900/- was further upgraded to Rs. 6500-200-10500/- with effect from 1st January 1996 by the 5th CPC. He earned 3rd vacancy based regular promotion as Assistant Meteorologist - I on 27.04.2004 in the pay scale of Rs. 1500-250-12000/-. Due to the implementation of 6th CPC recommendation the post of Senior Observer & Scientific Assistant have been merged, carrying the common Grade Pay (GP) of Rs. 4200/- in PB-2 and Professional Assistant (Assistant Meteorologist-II) carrying the scale of pay Rs. 6500-10500/- was placed in PB-2; Rs. 9300-34800/- with a grade pay of Rs. 4600/-. The scale of pay of Rs. 7500-250-12000/- was placed in a Grade Pay of 4800/- with effect from 01.01.2006. It was further averred that the qualification in entry grade to the post of senior observer was although B.Sc with Physics as one of the subject and the said base level post though subsequently merged with the post of Scientific Assistant but the qualification remained same without any changes so far. Hence the person having higher qualification doesn't carry any extra benefits or promotion avenue and no employee under the respondents have never given promotion or after benefits keeping in view the higher educational qualification and on the basis the applicant cannot get any financial benefits nor promotional avenue basing upon the higher qualification. The minimum qualification for the applicant's cadre i.e. Senior Observer is B.Sc with physics as one of the subject, the applicant's claim is not correct for up gradation in pay based on part-B Section-1 item