MOTURU NIRMALA DEVI vs DOPT on 13 October 2026

ORDER

(As per Hon'ble Mr.Manish Garg, Member(J))

In the instant O.A. the applicants seeks following relief:- “In view of the facts mentioned in paras 4 & 5 above the applicant most respectfully prayed that this Hon'ble Tribunal may be pleased to :- A) Declare the action of the 2nd and 3rd respondents for not implementing the MACP to the applicants, even after directions from the 1st respondent (i.e., DOP &T) orders Dt.19/05/2009 as per the representations submitted by the appellants dated 03-11-2017, 06-11-2017, 09-02-18, 16-02- 18, 28-03-2018 is illegal, arbitrary and violation of Art.14 & 16 of the Constitution of India, 1950. B) Direct the respondents to implement 3rdfinancial upgradation i.e.. grade pay Rs.7600/- from 07/12/2012 in respect of 1st applicant and from 14/07/2012 in respect of 2nd applicant. C) Direct the respondents to pay all the arrears and terminal benefits. D) Direct the respondents to pay the costs of this application. E) and pass such other order or orders as this Hon'ble Tribunal may be deem think fit and proper in the circumstances of the case.”

2. Learned counsel for the applicants draws attention to the relevant extracts of the modified scheme and refers to Clause 5 thereof, which reads as under :- “5. Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall

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be ignored for the purpose of granting upgradations under Modified ACPs. Illustration-1 The pre-revised hierarchy (in ascending order) in a particular organization was as under : Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period. In the case of both

(a) and

(b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500- 10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.” 2.1 The consideration and grant of financial upgradation under the MACPS for DRTC shall be subject to meeting the following conditions :-

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(a) For grant of benefit under MACPS for DRTC, the employee has to meet the promotional norms, including the benchmark for promotion prescribed in the guidelines issued by CEPTAM, from time to time.

(b) On completion of prescribed residency service for promotion, the employee has to appear for assessment for promotion each year. In case an employee intends not to appear in the assessment in any year, She/he has to submit an application giving valid reasons, for not appearing in the assessment. In case the request is not accepted by the competent authority, then the employee will have to appear in the assessment. Not doing so will be treated as refusal of promotion and will have an effect of postponing the grant of MACP by one year. In cases prior to issue of this letter and after 01 Sep 2008, employees who have appeared in the assessment at least on three occasions will be considered for grant of MACP, subject to meeting the promotional norms/ benchmark. The competent authority may relax this condition by maximum one year in very exceptional cases based on genuine and sufficient reasons to be recorded in writing. C Provided that in above mention cases the meeting of benchmark will be decided by the screening committee based on the latest available assessment and CPARs/APARs relevant to the year in which MACP is becoming due. D. Cases prior 21 September 2008 will not be considered.

2.2 The learned counsel for the applicants has also taken us and places reliance upon a circular dated 07.10.2008, relevant clause “merger” reads as under :- Further queries have been raised by Laboratories /Employees/JCM Members/Unions/Associations with reference to Implementation of Sixth Central Pay Commission. These have been considered and the position is clarified as under:- A. Merger of scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500- 10500 In PB-2 with grade pay of Rs.4200 and upgradation of existing posts in the pay scale of Rs.6500-10500 to the next higher grade of Rs.7450-11500 with grade pay of Rs.4600 :-

(i) Applicability of Pay Scale of office staff working in organization outside the secretariat to DEOs, Security Assistants etc: As per Part B, Section I of Civilians in Defence Services (Revised Pay) Rules 2003 (SRO 21(E). Revised Pay Scales for certain common categories of Staff have been provided, the details of which are given in Part B Section II. The following

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post/pay scales are applicable in ORDO which have been left by oversight in the letter under reference:- Head clerk/Assistants/Steno GR 11/equivalent in the pay scale of Rs.4500-7000 and Rs.5000-8000 are upgraded to the revised pay scale of Rs.6500-10500 in PB-II with a grade pay of Rs.4200. Accordingly Data Entry Operator 'B' (DEO 'B'). Security Assistant 'C' and Senior Supervisor 'A' who are in the existing Pay Scale of Rs. 4500-7000/- will be covered by such upgradation.

(ii) Applicability of revised Pay Scale in respect of Technical Assistant 'C’ : Part C of CDS Rules 2008 contains Revised Pay Structure for certain posts in the establishments under Min of Defence which are included in Section II. As per Sl No. 22 of Section II Senior Technical Assistant in DRDO In the present pay scale of Rs.6500-10500 are placed in the revised pay scale of Rs.7450-11500 in PB-2 with grade pay of Rs.4600. In DRDO Senior Technical Assistant 'C' and Technical Assistant 'C' are in the pre-revised Pay Scale of Rs. 6500- 10500/-. Therefore both are required to be placed in PB-2 with grade pay of 4600.

(iii) Applicability of Revised Pay Scale of Rs. 5000-8000/- with grade pay of Rs. 4200 in PB-2 to Technician 'C' in DRDO at par with Machineman/Operator Offset of Department of Defence who are presently in the same pay scale of Rs. 4500-7000/-. It is proposed to take up the case with Min of Finance. 2.5 He also draws a comparative chart vis-a-vis situation of the respective applicants which reads as under :- M. NIRMALA DEVI TOC(Rtd.) Date of Joining DRDO: 07/12/82 POST: JSAI DETAILS OF PROMOTION/ARBITRATION/REDESIGNATION EARNED DA TE POST 5th CPC 6th CPC APPOINTMENT /ARBITRATIO N/PROMOTIO N EARNED EVENTS TO BE CONSIDERED UNDER MACPS Merged and awarded same GP:

(i) 6th CPC report

(ii) DHRD/16342/VI CPC/1/C/M/01, Dated 07/10/2008

(iii) ION issued to Chittaranjan Behara TOC, PXE, Chandipur vide DOP/01/00008/MA CP/M/01/P DRTC dated 09th Oct 2020.

07/ 12/

JSAI/TAB

PB2

(GP) Appointment 17/ 03/

SSA/STA /STAC

PB2

(GP) Promotion 25/ 09/

SSA(with arbitratio

n) in pay scale

PB2

(GP) Pay scale earned due to Hyderabad CAT orders (OA No:201/93) 26/ 08/

TOA

PB2

(GP) Re-designation of SSA with 2375-3500

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scale under DRTC

1) SSA with 2375- is obtained due to CAT, Hyderabad award (OA No:201/93) and same is re- designated to TOA under DRTC is placed in (PB2, GP:4600, 6th CPC) is not a promotion which is evident from service register.

2) Hence TOA is not a promotion

i) Hyderabad CAT award in OA 201/93 ii) ION NSTL/Estt/AA, Dt.

Mar iii) NSTL/003/EST/DR TC, dated 08/12/95

iv) Service Register

v) CAT, Hyderabad judgment in OA No:1116 of 2013 01/ 09/

TOB

(GP) 1st promotion 01/ 09/

TOC

(GP) 2nd promotion 28/ 02/

Retiremen t

K. DHAVALESWARARAO TOC(Rtd.) Date of Joining DRDO: 14/07/82 POST: JSAI DETAILS OF PROMOTION/ARBITRATION/REDESIGNATION EARNED DA TE POST 5th CPC 6th CPC APPOINTMENT /ARBITRATIO N/PROMOTIO N EARNED EVENTS TO BE CONSIDERED UNDER MACPS a) Merged and awarded same GP:

(i) 6th CPC report

(ii) DHRD/16342/VI CPC/1/C/M/01, Dated 07/10/2008

(iii) ION issued to Chittaranjan Behara TOC, PXE, Chandipur vide DOP/01/00008/MA CP/M/01/P DRTC dated 09th Oct 2020.

1) SSA with 2375- is obtained due to CAT, Hyderabad award (OA No:201/93) and 14/ 07/

JSAI/TAB

PB2

(GP) Appointment 16/ 09/

SSA/STA /STAC

10500 PB2

(GP) Promotion 20/ 09/

SSA(with arbitratio

n) in pay scale

11500 PB2

(GP) Pay scale earned due to Hyderabad CAT orders (OA No:201/93) 26/ 08/

TOA

11500 PB2

(GP) Re-designation of SSA with 2375-3500 scale under DRTC 01/ 09/

TOB

(GP) 1st promotion 01/ 09/ TOC

(GP) 2nd promotion

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same is re- designated to TOA under DRTC is placed in (PB2, GP:4600, 6th CPC) is not a promotion which is evident from service register.

2) Hence TOA is not a promotion

i) Hyderabad CAT award in OA201/93 ii) ION NSTL/Estt/AA, Dt.

Mar iii) NSTL/003/EST/DR TC, dated 08/12/95

iv) Service Register

v) CAT, Hyderabad judgment in OA No:1116 of 2013 31/ 08/

Retiremen t

2.6 The sum and substance of the applicants‟ submissions is that, during their service careers, they are entitled to at least three regular promotions or, in the alternative, three financial upgradations under the MACP Scheme. 2.7 No other point and argument has been urged by the learned counsel for the applicants.

3. On the other hand the learned counsel for the respondents opposing the grant of relief urged by the learned counsel for the applicants and highlights as under :

3.1 The Naval Science and Technological Laboratory (NSTL), DRDO, Ministry of Defence, is a sensitive Defence Laboratory engaged in research and development of Defence equipment.

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3.2 The applicants belonged to the Defence Research and Development Organisation Technical Cadre (DRTC), governed by the DRTC Recruitment Rules, 2000. The DRTC cadre underwent various changes, including merger, upgradation and redesignation. The Modified Assured Career Progression (MACP) Scheme was introduced by the Government of India pursuant to the recommendations of the Sixth Central Pay Commission w.e.f. 01.09.2008. Initially, the MACP Scheme was not extended to the Scientific and Technical Cadres of DRDO as they were already covered by the Flexible Complementing Scheme and Limited Flexible Complementing Scheme. Subsequently, pursuant to litigation and Court orders concerning DRTC personnel, the MACP Scheme was implemented in the DRTC cadre with certain modifications w.e.f., 01.09.2008 vide Government of India Order dated 07.06.2019 (Annexure R-2). The changes in the cadre consequent upon the recommendations of the Sixth CPC are reflected in the relevant table.

Before 6th CPC

After 6th CPC JSA I/STA „A‟ (Rs.5000-8000)

↓

}STA „B‟ (GP 4200 in PB-2) STA „B‟

(Rs.5500-9000) ↓ ↓ SSA/STA „C‟ (Rs.6500-10500)

↓

}TO„A‟ (GP 4600 in PB -2) TO „A‟ (Rs.7450-11500)

↓

↓ TO „B‟ (Rs.8000-13500)

TO„B‟ (GP 5400 in PB-3)

↓

↓ TO „C‟ (Rs.10000-15200)

TO„C‟ (GP 6600 in PB-3)

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↓

↓ TO „D‟ (Rs.12000-16500)

TO „D‟ (GP 7600 in PB-3)

3.3 The post of Junior Scientific Assistant-I (JSA-I) was redesignated as Technical Assistant-B vide SRO 177 dated 16.08.1995 (Annexure R-3) and thereafter as Senior Technical Assistant-B vide SRO 145 dated 27.06.2002 (Annexure R-4). Consequent upon implementation of the Sixth CPC, the corresponding post carried the pay structure of Rs. 9300-34800 (PB-2) with Grade Pay of Rs. 4200/-. Similarly, the post of Senior Scientific Assistant (SSA) was redesignated as Technical Officer- A vide SRO 177 dated 16.08.1995 and was placed in the common pay structure of Rs. 9300-34800 (PB-2) with Grade Pay of Rs. 4600/- after implementation of the Sixth CPC, as reflected in SRO 13 dated 20.01.2014 .

1. Sri Konchada Dhavaleswara Rao, Technical Officer-C (Retd.) Designation Type of Appointment / Upgradation / Promotion Event Considered under MACPS Date of Appointment / Promotion / Upgradation / Redesignation / Merger Service / Retirement Details JSA-I Appointment Grade Pay Rs. 4200/- 14.07.1982 10 years: 14.07.1992 20 years: 14.07.2002 30 years: 14.07.2012 Retirement: 31.08.2018 SSA Promotion Grade Pay Rs. 4600/- 16.09.1985

TO-A Redesignation Grade Pay Rs. 4600/- 26.08.1995

TO-B Promotion Grade Pay Rs. 5400/- 01.09.1997

TO-C Promotion Grade Pay Rs. 6600/- 01.09.2004

MACPS eligibility note: Not eligible for 3rd MACPS, as the 3rd promotion was earned before 01.08.2008, i.e., the date of implementation of the MACP Scheme.

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2. Smt. Moturu Nirmala Devi, Technical Officer-C (Retd.) Designation Type of Appointment / Upgradation / Promotion Event Considered under MACPS Date of Appointment / Promotion / Upgradation / Redesignation / Merger Service / Retirement Details JSA-I Appointment Grade Pay Rs. 4200/- 07.12.1982 10 years: 07.12.1992 20 years: 07.12.2002 30 years: 07.12.2012 Retirement: 28.02.2018 SSA Promotion Grade Pay Rs. 4600/- 17.03.1986

TO-A Redesignation Grade Pay Rs. 4600/- 26.08.1995

TO-B Promotion Grade Pay Rs. 5400/- 01.09.1998

TO-C Promotion Grade Pay Rs. 6600/- 01.09.2004

MACPS eligibility note: Not eligible for 3rd MACPS, as the 3rd promotion was received before 01.08.2008, i.e., the date of implementation of the MACP Scheme.

3.4 The Applicants' respective appointments, promotions, redesignations and the corresponding dates thereof are required to be considered for determining their eligibility under the MACP Scheme as on 01.09.2008. The Respondents have accordingly placed on record the relevant service particulars of the two Applicants in tabular form, showing their successive appointments/promotions/redesignations and pay grades. The said particulars demonstrate the number of career advancements already received by the Applicants prior to implementation of the MACP Scheme and, therefore, have a direct bearing upon their claim for further financial upgradation under MACP.

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4. In rejoinder to the submissions made by the learned counsel for the respondents, learned counsel for the applicants has further emphasised the arguments by placing reliance on the judgment of the Bangalore Bench dated 08.01.2016 in O.A. No.1020/2013 as under : “11. On a careful examination of the materials placed, there cannot be any doubt that the placement of the SSAs in the higher It is admitted by scale of pay does not amount to promotion. R-1 to 3 in their very reply that there is no change in the status. It is also of the SSAs on elevation to the higher pay scale. not the case of R-1 to 3 that SSAs who are placed in the higher pay scale shoulder any higher responsibilities or perform differ-ent or more onerous duties than the responsibilities shouldered or duties performed by the SSAs not placed in the higher pay scale. It is also undisputed that SSAs placed in the higher scale of pay do not yet any preference in the matter of promotion to the next higher post of JS0s from the post of SSAs and the promotion to the cadre of JS0 is by selection from the cadre of SSAs irrespective of SSAs being in the higher pay scale or not. The upgradation of these 622 posts of SSAs does not involve X change in the duties of the officers concerned. There is dispute that the post of SSA in the higher pay scale is not an intermediary promotion category between SSA and the Admittedly no recruitment rules have been framed nor any amendment to R/R contemplated in Annexure B have been made pre- scribing the mode for placement of SSAs in the upgraded posts of SSA carrying the higher pay scales.”

4.1 The applicants counsel has further emphasised on the following points:- 4.2 The applicants submit that the 1st applicant joined service on 07.12.1982 as Junior Scientific Assistant Grade-I at NSTL, Visakhapatnam. She was promoted to the post of Senior

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Scientific Assistant on 17.03.1986 and was granted the higher pay scale of Rs. 2375–3500. It is further submitted that the order dated 01.09.2014 passed by the CAT, Hyderabad Bench, did not constitute a promotion. Subsequently, on 26.08.1995, the post of Senior Scientific Assistant in the pay scale of Rs. 2375–3500 was re-designated as Technical Officer-A under the DRTC Scheme. Thereafter, she was promoted to the posts of Technical Officer-B on 01.09.1998 and Technical Officer-C on 01.09.2004. She retired from service on 28.02.2018. 4.3 The applicants submit that the 2nd applicant joined service on 14.07.1982 as Junior Scientific Assistant Grade-I in NSTL, Visakhapatnam. He was promoted on 16.09.1985 to the post of Senior Scientific Assistant and was sanctioned a higher pay scale of Rs.2375-3500. It is further submitted that the CAT, Hyderabad Bench orders dated 01.09.2014 did not constitute a promotion. Subsequently, the post of Senior Scientific Assistant in the scale of Rs.2375-3500 was redesignated as Technical Officer-A on 26.08.1995 under the DRTC Scheme. Thereafter, he was promoted as Technical Officer-B on 01.09.1997 and as Technical Officer-C on 01.09.2004, and he retired on 31.08.2018. 4.4 The applicants submit that, while the matter was pending, the 1st respondent issued Memorandum No.35034/3/2008-Estt.(D), dated 19.05.2009, for implementation of the recommendations of the Sixth Central Pay Commission relating to the Modified Assured Career Progression

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(MACP) Scheme. Under the said scheme, the applicants were entitled to three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service. It is further submitted that, under the 5th Pay Commission, the JSA/JSAB was placed in the pay scale of Rs.5500-9000, whereas the SSA/Sr. Technical Assistant-C was placed in the pay scale of Rs.6500-10500. 4.5 The applicants further submit that a similar issue relating to implementation of MACP had already been considered and settled by the Central Administrative Tribunal, Bangalore Bench, vide order dated 08.01.2016 in O.A. No.1020/2013. The said order was subsequently upheld by the Hon‟ble High Court of Karnataka at Bengaluru vide common judgment dated 13.02.2017 in W.P. Nos.61691/2016 and 61692/2016. 4.6 The applicants submit that the judgment of the Hon‟ble High Court of Karnataka at Bengaluru dated 13.02.2017 was also upheld by the Hon‟ble Supreme Court vide judgment dated 06.07.2017 in SLP(C) Nos.016823-016824 of 2017. Therefore, according to the applicants, the respondents are bound to implement the orders of the Hon‟ble Supreme Court. 4.7 The applicants further submit that, based on the similar set of facts and the aforesaid orders, the respondents have already implemented the MACP in their case vide Order No. ADE/7527/AWS/PA(CPC)/MACP dated 10.10.2017, granting financial upgradations under the MACP Scheme in compliance

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with the orders of the CAT, Bangalore Bench in O.A. No.1019/2013 dated 08.01.2013.

4.8 Learned counsel for the applicants also places reliance on the judgment dated 20.12.2017 passed by the Hon‟ble High Court of Delhi in Writ Petition No. 9357/2016, the relevant portion of which reads as under: “16. In another previous decision (Suresh Chand Garg v Govt. of NCT of Delhi 2016 SCC Online 3124) the court firstly noticed the illustration in para 28.(B) of the MACPS, which is as follows: "If a Government servant (LDC) in PB-1 In the Grade Pay of Rs. 1900 is granted 1st financial upgradation under the MACPS on completion of 10 years of service in the PB-1 in the Grade Pay of Rs. 2000 and 5 years later he gets 1st regular promotion (UDC) in PB-1 in the Grade Pay of Rs. 2400, the 2nd financial upgradation under MACPS (in the next Grade Pay w.r.t Grade Pay held by Government servant) will be granted on completion of 20 years of service in PB-1 in the Grade Pay of Rs. 2800. On completion of 30 years of service, he will get 3rd ACP in the Grade Pay of Rs. 4200. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Grade Pay from the date 2nd promotion or at 30th year of service, whichever is earlier." The court analyzed the effect of the provision as follows: "Illustration in paragraph 28(B) reflects that where an employee has earned two promotions before completion of 20 years, he would be entitled to a third financial upgradation on completion of 10 years of service in the grade pay from the date of the second promotion or on 30 years of service, whichever is earlier. An employee need not, therefore, have worked in the grade pay/pay scale applicable to the second promotion for a period of 10 years, provided he had already worked for a period of 30 years on or after the MACP Scheme

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became applicable. As on 1st September, 2008, the petitioner had already put in more than 35 years of service. Therefore, the petitioner would meet the qualifying continuous regular service requirement and was entitled to a third financial upgradation under the MACP Scheme."

5. Heard learned counsel for the parties and perused the records of the case.

ANALYSIS :

6. The core issue for adjudication in the present matter is whether the applicants are entitled to the third financial upgradation under the MACP Scheme upon completion of 30 years of service. In the alternative, the question is whether the grant of the third financial upgradation under the MACP Scheme is mandatory upon completion of 30 years of service.

6.1 For ready reference, we draw a reference to Annexure-I to MACP. The relevant Clause 1, 2 and 3 deals as under :-

1. There shall be three financial upgradation s under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade- pay.

2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part- A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next

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promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

3. The financial upgradation s under the MACPS would be admissible up-to the highest grade pay of Rs. 12000/ in the PB-4.

6.2 In the aforesaid backdrop, Clause 5, as relied upon by the applicants, needs to be examined in the context of Clauses 1 and 2 referred to hereinabove. As evident from the relevant Office Memorandum (OM), the details of which have already been highlighted by the applicants in tabular form, there is no dispute that the applicants initially joined service as Junior Scientific Assistants (JSAs) in 1982 and were promoted to the posts of Senior Scientific Assistants (SSAs) in and 1985, respectively. This indicates that the applicants received their first promotion within four and three years, respectively, of their initial appointments, well within the period of ten years. 6.3 It has been vehemently contended that the applicants continued in the pay scale carrying a grade pay of Rs. 4,200/- with effect from 1986 and 1985, respectively, and that the post of SSA was subsequently upgraded and re-designated as Technical Officer-I (TO-I), carrying a higher grade pay of Rs. 4,600/- instead of Rs. 4,200/-. However, such upgradation and re-designation of the post of SSA as TO-I cannot, by itself, be treated as a second promotion or financial upgradation. Nevertheless, it cannot be overlooked that the applicants‟ initial promotion from JSA to SSA, the post subsequently upgraded

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and re-designated as TO-I, must be taken into consideration for all relevant purposes, including the determination of their entitlement to financial upgradation under the applicable MACP Scheme. It is also pertinent to note that the ACP Scheme was in force at the relevant time. 6.4 Secondly, it can also be gathered from the tabulation relied upon by the applicants themselves that, although they contend that their promotion from Technical Officer-A (TO-A) to Technical Officer-B (TO-B) should be treated as their first promotion, the fact remains that they were granted their second promotion within approximately 12 years of their first promotion from Senior Scientific Assistant (SSA), subsequently re- designated as Technical Officer-A (TO-A), with effect from 1985/1986, to Technical Officer-B (TO-B) in 1998/1995, respectively. 6.5 Thirdly, the applicants received their third promotion during their service career, reckoned from their initial appointment as Junior Scientific Assistants (JSAs) and their subsequent promotion to SSA, which they seek to treat as their second promotion, within six years of their promotion from TO-B to Technical Officer-C (TO-C). Thereafter, the applicants were further promoted on 21.08.2018. 6.6 Based on the aforesaid factual matrix, we find that the purpose of the MACP Scheme is to provide financial upgradation to employees upon completion of 10, 20 and 30 years of service,

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respectively, reckoned from the date of their direct entry into service, subject to the conditions prescribed under the Scheme.

(i) Financial upgradation under the MACP Scheme is admissible subject to the prescribed conditions, including the requirement of 10 years of continuous service in the same grade pay. This condition is not satisfied in the present case, as evident from the preceding discussion, since the applicants were promoted successively from JSA to SSA/TO-A, from TO-A to TO-B, and from TO-B to TO-C. Therefore, the question of stagnation does not arise in the present circumstances. It is also pertinent to note that the MACP Scheme provides for financial upgradation to the immediate next higher grade pay in the prescribed hierarchy in cases where an employee has no regular promotion and fulfils the other stipulated conditions.

(ii) The MACP Scheme provides for financial upgradation and cannot be equated with regular promotion, the benefit of which the applicants have already availed themselves. Clause 5, as relied upon by the applicants, is not applicable to the facts of the present case, inasmuch as, even if the purported merger of the posts of SSA and TO-A is

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disregarded, the applicants have been granted regular promotions from time to time. Accordingly, Clause 5 does not advance the applicants‟ case. The MACP Scheme must be read as a whole, particularly in the context of Clauses 1 and 2, as discussed hereinabove. The reliance placed by the applicants on the decision in Hariram is also misplaced, as the factual matrix of the present case is distinguishable from that of Hariram, particularly in view of the circumstances discussed hereinabove and the observations contained in paragraph 16 of the said decision.

7. We have considered the applicants‟ case and perused the judgment rendered by the Bangalore Bench. However, the said judgment is distinguishable on facts, as the issue therein pertained to the seniority list of Scientific Senior Assistants and their placement in a higher pay scale. The relief and directions sought in that case are entirely different from those sought in the present matter. Accordingly, the said judgment does not assist the applicants in establishing their entitlement to financial upgradation under the MACP Scheme, particularly with reference to Clause 5 thereof.

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CONCLUSION :

8. In view of the foregoing analysis and discussion, the O.A. is dismissed. All pending M.A.s, if any, stand disposed of. There shall be no order as to costs.

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG) MEMBER (ADMN.)

MEMBER (JUDL.)

/AM/sd/

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