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HIGH COURT JUDGEMENT ON ACP/MACP

HIGH COURT JUDGEMENT ON ACP/MACP

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Published by vadrevusri
PUNJAB & HARYANA HIGH COURT JUDGEMENT ON ACP/MACP
PUNJAB & HARYANA HIGH COURT JUDGEMENT ON ACP/MACP

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Published by: vadrevusri on Jun 21, 2013
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09/21/2013

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CWP No.19387 of 2011 (O&M)-1-IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARHCWP No.19387 of 2011 (O&M)Date of Decision : 19.10.2011Union of India & others... PetitionersversusRaj Pal & another... RespondentsCORAM:HON'BLE MR. JUSTICE PERMOD KOHLIHON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Present :Mr. D.K.Bhishnoi, Advocatefor the petitioners.****
Tejinder Singh Dhindsa, J.
The Central Administrative Tribunal (hereinafter be referredas 'CAT') Chandigarh Bench, Chandigarh while disposing of OANo.1038/CH of 2010 vide order dated 31.05.2011 has held respondentNo.1 to be entitled for a financial upgradation in pay band-II in thescale of 
 ` 
9,300-
 ` 
34,800/- with grade pay of 
 ` 
4,600/- under theModified Assured Career Progression Scheme (hereinafter be referredas 'MACP Scheme'). The petitioners have filed the present writ petitionassailing the aforementioned order dated 31.05.2011 passed by CAT.Facts in brief may be noticed. Respondent No.1 who wasearlier working in the Election Department, State of Haryana came ondeputation to the Central Administrative Tribunal, Chandigarh Bench,Chandigarh on the post of Photocopier and joined on 21.04.1986. Hewas absorbed on the post of Photocopier w.e.f. 12.10.1986 in the payscale of 
 ` 
3050-4590/-. The post of Photocopier is an isolated post.
 
CWP No.19387 of 2011 (O&M)-2-
Earlier in terms of issuance of office memorandum dated09.08.1999 the Government of India (Ministry of Personnel, PublicGrievances & Pensions, Department of Personnel and Training) NewDelhi had introduced the Assured Career Progression Scheme(hereinafter be referred as 'ACP Scheme') whereby CentralGovernment Civilian employees were to be granted two financialupgradations on the completion of 12 years and 24 years of regularservice respectively on the same post. Thereafter, vide officememorandum dated 19.05.2009 the MACP Scheme was notified insupersession of the earlier ACP Scheme of 1999. In terms of MACPScheme the Central Government Civilian employees were to be grantedthree financial upgradations i.e. on completion of 10 years, 20 yearsand 30 years of regular service on the same post. Suffice it to say thatsuch financial upgradations were in the nature of financial incentive toan employee serving on a post wherein no promotion avenues wereavailable.Upon introduction of the ACP Scheme in the year 1999,respondent No.1 was granted the next higher scale in the generalhierarchy of scales i.e.
 ` 
3,200 –
 ` 
4590/- vide order dated 12.10.1999on completion of 12 years of regular service. At that point of time,respondent No.1 claimed parity with other posts like Hindi Typist whichwas also an isolated post as also sought parity with the post of LDCwhich were also in equivalent pay scale of 
 ` 
3050 -
 ` 
4590/- and hadbeen placed in the scale of 
 ` 
4,000 -
 ` 
6000/- on the grant of 1
st
financial step up upon completion of 12 years of regular service andhad been placed in the scale of 
 ` 
5,500 –
 ` 
9000/- towards 2
nd
Financialstep up on completion of 24 years of regular service. Respondent No.1
 
CWP No.19387 of 2011 (O&M)-3-
was at that point of time constrained to file OA No.278/CH of 2004claiming the aforesaid parity and the same was allowed by CAT on30.08.2004 whereby respondent No.1 was held entitled to the benefitof higher pay scale under the ACP Scheme of 1999 as applicable for thesimilar post i.e. Hindi Typist and LDC. The order dated 30.08.2004passed by CAT in favour of respondent No.1 was impugned by thepresent petitioners in terms of filing of CWP No.7356/CAT of 2005.This Court dismissed the petition on 23.05.2007 holding respondentNo.1 to be entitled to the benefit of ACP Scheme at par with the post of Hindi Typist/LDC.Upon implementation of the 6
th
Central Pay Commission,the scale of 
 ` 
3050 –
 ` 
4590/- was kept in pay band – I,
 ` 
5,200 –
 ` 
20,200/- with grade pay of 
 ` 
1,900/-, the scale of 
 ` 
4,000 –
 ` 
6,000/-was also kept in pay band -I with grade pay of 
 ` 
2,400/- and the scaleof 
 ` 
5,500 –
 ` 
9,000/- was kept in pay band -II in pay scale of 
 ` 
9,300 –
 ` 
34,800/- with grade pay of 
 ` 
4,200/- increased to
 ` 
4,600/-. In termsof MACP Scheme, respondent No.1 was granted the lower scale bykeeping in pay band I of 
 ` 
5,200 -
 ` 
20,200/- with grade pay of 
 ` 
2,400/-. This was done in terms of order dated 09.08.2010.Accordingly, respondent No.1 approached the CAT contending that he isentitled to be granted the scale of 
 ` 
5,500 –
 ` 
9,000/- towards the 2
nd
Financial upgradation at par with the post of Hindi Typist and LDC.Such claim of respondent No.1 has been upheld by the CAT in theimpugned order dated 31.05.2011.Learned counsel for the petitioners has been heard atlength. Learned counsel has relied upon the Summary Record of discussion held during the 3
rd
Meeting of the Joint Committee of MACP

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