0/77/2016 CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH 0A/021/77/2016 HYDERABAD, this the 19" day of February, 2024 4\Hon’ble Dr. Lata Baswaraj Patne, Judicial Member 2}Hon’ble Ms. Shalini Misra, Administrative Member T.V. Poorna Chandra Rao, S/o. T. Bulli Basavaiah, Aged about 60 years, Oce: Retired Sub Postmaster, Hayatnagar $.O. R/o.H.No.3-122/9, Boduppal, Hyderabad ~ 500092 Applicant (By Advocate: Sri M. Venkanna) Vs. J. Union of India represented by The Secretary, Government of India, Ministry of Communication & IT, Department of Posts - India, Dak Bhavan, Sansad Marg, New Delhi — 110001. 2. The Chief Postmaster General, A.P. Circle, "Dak Sadan", Abids, Hyderabad 500001 3. The Director of Postal Services, Hyderabad City Region, % The Chief Postmaster General, Hyderabad 500001. 4. The Senior Superintendent of Post Offices, Hyderabad South East Division, HYDERABAD 500 002. ..-Respondents (By Advocate: Mr. A. Vijay Bhaskar Babu, Addl. CGSC)07/2016 ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judi Member) By this OA, applicant sought the following relief: “.....-t0 quash and set aside the impugned Memo No.BU/Mise/Dlgs/15-16 dated 16.12.2015 issued by the ‘the respondent, being illegal and arbitrary and issue directions to the respondents to grant 3 financial upgradation to the applicant w.e.f. 09.03.2013 on completion of 30 years of service with all consequential benefits like payment of arrears of service pay and fixation of pension and consequential pensionary benefits on account of revised fixation of pension as held in catena of judgments of this Tribunal in the interest of justice and be pleased to Pass such other order or order as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.” 2 The brief facts of the case are that the applicant was appointed as Group. D on 24.08.1978. The applicant further appeared for the competitive examination for appointment as Postal Assistant and came successful in the examination and was appointed as Postal assistant on 08 03.1983. It is further submitted that the applicant on completion of 16 years of service as PA, he was given first financial upgradation under TBOP Scheme with effect from 12.03.1999. Thereafter, the applicant was granted 2" financial upgradation under BCR scheme from 12.03.2005, The 6" CPC came into effect from 01.01.2006 and the grade pay scales. But the respondents have not extended the 3“ financial upgradation under the MACP scheme on completion of more than 30 years of service on 09.03 2013. 3. It is submitted by the learned counsel for the applicant that the Department of Posts was pleased to introduce a promotional scheme called Modified Assured Career Progression Scheme (MACP) wae.f, 01.09.2008 in the supersession of the earlier Promotions namely TBOP and BCR which LP,04/77/2016 ( were used to be extended after completion of 16 y. and 26 years Oof service. Earlier there were two financial up gradations insitu promotions and the said promotions were replaced by three promotions in the intervals of completion of ten years, twenty years and thirty years of service The applicant submits that though he has completed more than thirty years of z|service in the present cadre of Postal Assistant, he was not given the 3 Financial Upgradation. The applicant has retired on 31.08.2015 4. It is further submitted by the applicant that it has been held by the Hon’ble Tribunal of Jodhpur Bench, and followed by several other judgments of this Tribunal and upheld by the respective High Courts of the seat of the Tribunals, that the financial upgradation under MACP Scheme has to be extended when the applicant has the prescribed residency period of 10/20/30 Years of service in the particular cadre. ‘The applicant made a representation dated 14.10.2015 to the 4! respondent. The 4" respondent without considering the claim of the applicant in the light of the scheme and as well as the settled principle of law declared by this Hon’ble Tribunal in catena of cases, vide impugned memo dated 16.12.2015 has rejected the claim of the applicant. Feeling aggrieved, he approached this Tribunal 5. After notice, respondents have appeared through their counsel. filed detailed reply and opposed the relief on the ground that the applicant was given promotion/benefit of financial upgradation under Time Bound One Promotion with effect from 12.03.1999. After completion of 16 years of Service, he we given promotion / benefit of financial upgradation under BCR with effect form 12.03.2005. During the entire service he has got total three04/77/2015 upgradation in his career and as per MACP Scheme conditions laid down in aN letter No.4-7(MACPS)2009-PC dated 18 Sept. 2009 of D.G. Posts, New Delhi SD gs here should be three financial upgradations counted from the direct entry “grade on completion of ten years (10), twenty years (20), thirty years (30) service respectively. The applicant has got three promotions during his gfpareer. Hence, the applicant is not entitled for any further promotion/financial ‘upgradation under MACP scheme. Hence, respondents prayed for dismissal of the OA. 6. Heard both sides and perused the record. 7 Learned counsel for the applicant submitted the judgment of Hon'ble High Court of A.P in Writ Petition No.3420/2017 dated 04. 08.2017, in support of his case. 8. Similar issue fell for consideration before the coordinate Bench at Chennai in OA.No.310/00055/2019 and the said OA has been disposed of vide order dated 20.09.2023. Relevant observations in the order are extracted hereunder: +8. Learned counsel for the respondents further submits that similar issue hes heen challenged before the other Benches of this Tribunal and the decisions ar for unl stain the applicants therein and finally the masters are pending befare the Hon'ble Supreme Court andthe Department vide memorandum No. 4-7/MACPS:2019-PC dated 29.09.21 submitted in para 3 the details of the SLPS. The said memorandum iy extracted herciy below: No. $7 MACPS2019-PCC Government of India Ministry of Communications Department of Posts Dak Bhawan, Sonseid Marg, New Deshi Hamt Date: 29.09.2031 lo 1. All Chief Postmasters General I Postmasters General 2. Chief General Manager, Parcel ‘Dé PLI Directorate /( 3. Director, RAKNPA / Directors of All PTCs 4 Addl. Director General, Army Postal Service. R.K.Puram, New Dethi % All General Managers (Finance) / Directors Postal Accounts 1:OA/77/2016 Suh: Clarification oy Movie Assured Career Progression *MACP: Scheme Sir/ Madam, Fis refers to various references/representanions. seeking the benefit of Anancial upgradation imder MACP Scheme by treating promotion ines ‘dhrowgh limited departmental competitive examination BES ot par Direct Recruitment in terms of Hon'ble Supreme Court Judanent dated F408. sore ip Special Leave Petition to Appeal (C) No. 4848/2016 in the cave of Sivakumar 2 Ia this regard, itis informed that Hon'ble Supreme Court had lef the question of law open in D.Shivakumar case hence: the Hon'ble Apex Court has not decided the issue on merit. Therefore, there is mo question op and binding preeedtemt aid down by the Supreme Court 3. Farther: since the question of law on the issue as to whether the promotion earned through Limited Departmental Competitive Examination (LDC) is 40 be treated at par Direct Recruits or otherwise, is still under consiteraion hefore Hon'ble Supreme Court in various similar treed canes vin eg HB22U9 Cian of tradi VE. Sewers, SL HCI Nix W23619 Sat9 Union of inci US. K-Remgamatha Pillai, SP. WCivily No. 26561 of Ut Kharati Lal & Others Vs UOL and SLP (C) No. 1997/2019 Dev karan Mahala Vs UOL etc., the similar cases are to be defended on their merits on the basis of grounds provided vidle this Directorate letier No. 15.11.2019 4 As such each and every case must be dealt on Bs mecits as per the instructions of MACP Scheme. However. in order ta muke i hetier understanding on the issue vis-a-vis clarification issued vide this Directorune OM of even No. dated 06.09.2021. the following symbolic illustrations ane ‘mentioned below: 4 Wa Central Govt, employee, who was appointed (direct enirys as Postman, earns regular promotion ta the post Pasial stwsisun throne LDCES granted TBOP cant thea earns another promotion w hispectar Posts. vue (hrough LDCE). no financial upgradation imder MACP Scheme shull he cadinissible to himiher, The modalities for financial upgradation amd par fixation thereon shall be as fallows: [wet [Pay Seate Remarks Postman 1/01/89 Entry Grade Postal 91/0192 | 4000-6000 | Regular promotion through} Assistant LDCE. Pay fixation under FR-22()(a)(1). Reckoned as 1° offset MACP _ |TBOP O18 \GP_ Rs. Pay fixation as per FI 2800 22((a)().Reckoned as} I 2" offset MACP, | inspector 91/0106 |GP_— Rs. Regular promotion through |Posts (4600 LDCE. Pay fixation under FR22a(l). — Reckoned : t i as 3" offset MACP. Hi Wa Central Govt. employee, who was appointed direct entryy as MIS, earns three regular promotions (0 the posts vis Ist Lower Division Clerk LDC), 2nd Junior Accountant, 31 Senior Accountant in Postal slecounts Offices before completion of 30 years of service fiom direct enmry grade. nn financial upgradation under MACP Scheme shall he admissible t him/her The mactatities for financial upgradation and pay fixation thereon shall be as follows: Tee TT oF0A/77/2016 Je Accountant |01/01/06 |GP Rg | Regular promotion through 2800 LDCE. Pay fixation under’ FR-22()(a)(1). Reckoned |as 2nd offer MACP, ! Se Acctnmle) OVG/106S| Chea | Recap ieee Pay! 200 fixation "under FR, 22((a)(1). Reckoned as 3"| affect MACP, | 3. Further. she compesens aualwriyy has eadvised to alt ctuinistrative units ws ensure timely review amd disposal. therean. of all the pening thon of tlensicases on the issue in he lighh of this clarification es walt ie of isued vide this Directorate Old of even No, date! 06.08 903 A line @feompliance may also be appraised to this Directorate 6. I is therefore. requested to bring this clarification to the concerned immediately and ensure strict adhe notice of alt rence in true spirit. Yours faithfully, (DK. Tripathy ADG (GDSA/PCC) Tel. ~ 23096829 Hmsitanlgsels@indiapost goin Copy to = 1. As per standard lis, 2. CGM, CEPT for uploading the order on the Establishmen subject. 3.Guard File,” India Post web site mer 9. Learned standing counsel for the respondents submits that the OA can be disposed of by taking into account all the SLPs pending before the Hon'ble Supreme Court as mentioned in the OM. 10, Learned counsel for the applicant submits that the applicant hay mw objection to dispose of the OA subject to the outcome of the SLI the above said OM. LL In view of the above, as the matter is subjudice before the Hon'ble Supreme Court by way of different SLPs, and in view of the onder avec 11.01.2023 passed by this Tribunal in similar batch of cases in OANO.1198 of 2014 and hatch, the OA ts disposed of with a direction tw the respondems to extend ta henesiv the applicant as praved for subject ta the outcome of the deciston fn taken by the Hon'ble Supreme Court in the pending SLPs including SLP(C) Diary Nv.4793 of 2019. Pas mentioned in %- In view of the above, this OA is disposed of with a direction to the ‘espondents to extend the benefit to the applicant as prayed for subject to the outcome of the decision by the Hon'ble Supreme Court in the pending SLPs, No order as to costs. Sonia CERTIFIED TRUE COPY