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'The Department of Expenditure have now clarified that the 4 year period is to be counted w.e.f the date on which an officer is placed in the pay scale of Rs.7500-12000 (pre-revised). Thus, if an officer has completed 4 years on 1.1.2006 or earlier, he will be given the non-functional upgradation w.e.f 1.1.2006. If the Officer completes 4 years on a date after 1.1.2006, he will be given non-functional upgradation from such date on which he completes 4 years in the pay scale of Rs.7500-12000 (pre-

'8. Thus, if an officer has completed 4 years on 1.1.2006 or earlier, he will be given the non-functional upgradation with effect from 1.1.2006 and if the officer completes 4 year on a date after 1.1.2006, he will be given non-functional upgradation from which he completed 4 year in the pay scale of Rs.7500-12000 (pre-revised), since the petitioner admittedly completed 4 years period in the scale of Rs.7500- 12000 as on 1.1.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th pay commission, issued a resolution dated 29.8.2008 granting grade pay of Rs.5400/- to the Group B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in Pay Band 2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal.'

'The Department of Expenditure have now clarified that the 4 year period is to be counted w.e.f the date on which an officer is placed in the pay scale of Rs.7500-12000 (pre-revised). Thus, if an officer has completed 4 years on 1.1.2006 or earlier, he will be given the non-functional upgradation w.e.f 1.1.2006. If the Officer completes 4 years on a date after 1.1.2006, he will be given non-functional upgradation from such date on which he completes 4 years in the pay scale of Rs.7500-12000 (pre- revised).'

11 Hence, though no reference is made to Engine Driver in the above O.M, reference is however made to pre-revised scale of pay of Rs.7500- 12,000/- for grant of benefit of non-functional upgradation after 4 years of regular service. Two important conditions are to be noted in the above O.M, first it is applicable to those cadres who in the recruitment rules have been provided non-functional upgradation after 4 years residency in scale Rs.7500-12,000/- and secondly the 4 years residency will be after 4 years of regular service which is different from service rendered on account of financial upgradation schemes of ACP and subsequent MACP Scheme. 12 On 24.5.2006 as per Annexure A-3 applicant was granted second ACP to the pay scale Rs.7450 - 11,500/- and not Rs.7500-12,000 referred in Annexure A-7. On 20.10.2009 as per Annexure A-4 applicant was promoted as Engine Driver in pay scale Rs.5200-20,200 with grade pay Rs.2400/- which is also not akin to Rs.7500-12,000 referred in Annexure A-7. Applicant has not produced the order granting 3 rd MACP, but it is presumed that it was granted in the replacement scale of same pay scale i.e, Rs.7450- 11,500, which is lower than scale Rs.7500-12000/- referred to in Annexure A-7. Hence applicant is not entitled to the benefit in Annexure A-7 as he is not drawing the pay scale Rs.7500-12000 indicated thereon. Further applicant has been granted 2 nd ACP in scale Rs.7450-11500 and has not been promoted on a regular basis and hence has not completed four years regular service after promotion. Thereafter he has been given MACP also. Here we refer to para 16 of Government of India MACP Scheme dated 19 th May 2009 which states as follows:-