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- 8000. This promotion cum financial upgradation corresponds to Grade pay of Rs.4200/- in PB-2 as per 6th CPC Pay structure.

3. In the meantime, the Central Government brought about ‘The Modified Assured Career Progression Scheme’ (MACP) replacing the earlier ‘The Assured Carrier Progression Scheme’ (ACP), with effect from 01.09.2008. Finding that the petitioners had erroneously granted the benefits of the MACP scheme to the applicants before the Tribunal, passed  W.P.Nos.5981, 7675, 7676 and 7677 of 2018 a fixation order fixing claiming that the applicants before the Tribunal had already benefited from three financial upgradations and therefore the MACP scheme would not apply to the applicants before the Tribunal.

4. The Tribunal rejected the said contention of the petitioners and directed the petitioners to restore the benefits of the 3rd financial upgradation under MACP scheme to the applicants before the Tribunal, with a further direction to refund any amount that may have been recovered from the applicants.

5. A counter affidavit has been filed on behalf of the applicants before the Tribunal stating that there was no infirmity in the order passed by the Tribunal and the placement from Upper Division Clerk to Social Security Assistant cannot be treated as a promotion and therefore the applicants were entitled to the 3rd financial upgradation and consequently the fixation order dated 22.03.2016 had been rightly quashed by the Tribunal.

7. Mr. Vijayashankar, Counsel for the petitioner would submit that the applicants had derived 3 promotions/financial upgradations and were not entitled to any further financial upgradation under MACP scheme, which contains a cap of 3 upgradations only. He would also submit that the applicants cannot have the benefit of two concurrent schemes, namely the MACP scheme and the department’s financial upgradation scheme and that the same goes to the root of the subject matter as the very purpose of granting financial upgradation under MACP scheme would stand defeated if the applicant is given benefit of the both the schemes.

11. In so far as the other contention of the counsel for the petitioner that two parallel schemes cannot be available to the employee, one under the MACP scheme and other under the departmental promotional scheme, at the outset, we find that such a contention had never raised before the Tribunal. We have also heard the counsel for the contesting respondents with regard to this objection of the petitioner. It is pointed out by the counsel for the respondents 1 and 2, that the only ground on which the 3 rd financial upgradation was recalled was that the contesting respondents had already seen three promotions in their career and it was never the case of  W.P.Nos.5981, 7675, 7676 and 7677 of 2018 the petitioners ever that the scheme itself would not apply to the contesting respondents.