“3.5 That the contents of para-3.5 of the Original Application are not admitted, hence denied. As submitted above, the applicants were initially appointed as Group ‘D’ and thereafter, promoted as Postman, however, promotion on the post of Postman is by way of selection, therefore, the contention of the applicant that, his date of promotion as postman has to be treated direct entry date for the purpose of MACP is totally wrong and misconceived. It is also pertinent to mentione here that, in Show Cause notice dated 28.12.2010, it was mentioned that as per D.G. Post New Delhi letter no.4-7/MACPs/2009-PCC dated 18.09.2010 the Applicants were not entitled for the benefit of 2nd MACP and the referred letter was self speaking hence it is not correct that the respondents did not reveal that how the granted MACP is irregular. It is further submitted that, as per MACPs and clarification issued in this regard, for the purpose of three financial up-gradations under MACP, 10, 20 and 30 years of service has to be counted from the date of direct entry grade. The direct entry grade of the Applicants is Group-D while they have wrongly interpreted the direct entry grade as Postman. All the three Applicants promoted in Postman & Postal Assistant Cadre and got one financial upgradation under TBOP Scheme after completion of 16 years service in P.A. Cadre i.e. got three financial up-gradations prior to 01.09.2008. Thus, they were/are not entitled for 2nd financial up-gradation under MACPs, therefore, such irregular benefit granted to them has been withdrawn after serving show cause notices to them. Thus, the action of the respondents regarding withdrawal of benefit is in order and is
