Writ petition dismissed. Court declined to interfere with Tribunal order granting Civilian Switch Board Operators MACP benefits for third financial upgradation, rejecting argument that availing Time Bound Promotion Scheme barred future financial upgradations.
Temporary and permanent injunctions sought dismissed; status quo ante rejected.
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UNION OF INDIA & ORS ..... Petitioners
Through: Mr. Jaswinder Singh, Advocate.
versus
MADHU SUDAN & ORS ..... Respondents
Through:
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
% 09.05.2017
C.M. No. 17465-466/2017
C.M. No. 17467/2017
W.P.(C) 3974/2017 and C.M. No. 17464/2017
Principal Bench, New Delhi (Tribunal) in O.A. No.3204/2011. The Tribunal, by the impugned order, has allowed the Original Application preferred by the respondents and directed the petitioners herein to grant financial upgradation to the respondent applicants under the MACPs in the grade pay of Rs.4,200, Rs.4,600 and Rs.4,800 on completion of 10 years, 20 years and 30 years of regular service under the MACP Scheme.
10500 were merged in one pay band, i.e. PB-2 with Grade Pay of Rs.4200. As a result of the merger, the effect of financial upgradation given under the TBPS became ineffective. Consequently, the Government of India issued clarification/ instructions, which, inter alia, stated that the employees who had been granted financial upgradation under the ACP Scheme/ one TBPS in the erstwhile pay scales of Rs.5000–8000 and Rs.5500–9000 were eligible to get the next higher Grade Pay. Consequently, the respondentswho were granted financial upgradation in the pay scales of Rs.5000–8000 and Rs.5500–9000, which got merged and were granted Grade Pay of Rs.4200, were required to be given the Grade Pay of Rs.4600 under the second financial upgradation and Grade Pay of Rs.4800 under the third financial upgradation.
allowed the concurrent application of both the TBPS and the MACP Scheme. Even in the Department of Post, wherein the TBPS was earlier operational, the MACP Scheme had been made applicable after the decision of the Central Administrative Tribunal, Mumbai Bench. The Tribunal also observed that since the MACP Scheme was a beneficial scheme, the respondents were also entitled to the benefit thereof and they had not been given an option to switch over to the MACP Scheme, which was more beneficial to the respondents.
granted. Pertinently, under the ACP Scheme, two financial upgradations were available to the employees who could not get promotion on account of stagnation. However, under the MACP Scheme-introduced after implementation of the 6th Central Pay Commission Report in the year 2008, the Scheme provides for three financial upgradations, i.e. after 10 years, 20 years and 30 years of service. There appears to be no justification to deny to the respondents the third financial upgradation.
VIPIN SANGHI, J
DEEPA SHARMA, J
MAY 09, 2017 B.S. Rohella
3 issues framed by the court
Whether respondents availing Time Bound Promotion Scheme can be denied MACP benefits.
Whether respondents entitled to third financial upgradation under MACP despite earlier TBPS benefit.
Whether Court should interfere with Tribunal order allowing concurrent MACP and TBPS benefits.
UNION OF INDIA & ORS
MADHU SUDAN & ORS
VIPIN SANGHI
DEEPA SHARMA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
