N.Bagavathiraj, v. Union Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 5.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN W.P.No.16931 of 2017 N.Bagavathiraj Petitioner

Versus

1 Union of India rep by Director General Department of Posts Dak Bhawan New Delhi-110 001 2 Senior Superintendent of Post Offices Tiruchirapalli Division Tiruchirapalli- 620 001 3 The Registrar Central Administrative Tribunal Madras Bench Chennai-600 001 Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records and quash the order dated 31.10.2016 passed by the Central Administrative Tribunal Madras Bench in O.A. No.1250 of 2015 and consequently direct the 1st and 2nd Respondent to grant petitioner financial upgradation under MACP III besides re-fixing petitioner's pension accordingly with all attendant benefits including interests on arrears at the rate of 12% per annum till the date of payment.

For petitioner : Mr.S.Arun For RR1 and 2 : Mr.Su.Srinivasan, Assistant Solicitor General

ORDER

(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the petitioner and Mr.Su.Srinivasan, learned Assistant Solicitor General appearing for respondents 1 and 2.

2. This writ petition is directed against the dismissal of the O.A. seeking third MACP upgradation on the basis that he has completed 32 years of service as Postal Assistant and he was deprived of the third upgradation under the amended Modified Assured Career Progressive Scheme dated 19.5.2005 on the ground that he has already availed one promotion and two MACP and therefore, he is not entitled to third MACP.

3. According to the learned counsel for the petitioner, as per clauses 'B' and 'C' of Illustrations of the Modified Assured Career Progressive Scheme, he is entitled to get III MACP as he has completed more than 32 years of service and accordingly sought to extend the benefit as per the scheme. 4.Clauses 'B' and 'C' of Illustrations referred to above reads as under:- "B. If a Government Servant (LDC) in PB-I 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-I in the Grade Pay of Rs.2000 and 5 years later he gets 1st regular promotion (UDC) in PB-I 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-I 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.

C. If a Government servant has been granted either two regular promotions or 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy."

5. We have gone through the order of the Tribunal having heard the arguments advanced by the learned counsel appearing for the petitioner and also the MACP scheme. Having regard to the fact that the petitioner had already completed 32 years and earned two financial upgradations, it is for the petitioner to submit a representation raising his contentions, within a week from the date of receipt of a copy of this order, if not already submitted and it is for the authority to consider his

eligibility for third upgradation in view of clauses 'B' and 'C' above noted. It is for the respondents to look into the matter and take a decision within 3 months from the date of receipt of copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ssk.

To:

1 The Union of India rep by Director General Department of Posts Dak Bhawan New Delhi-110 001 2 The Senior Superintendent of Post Offices Tiruchirapalli Division Tiruchirapalli- 620 001 3 The Registrar Central Administrative Tribunal Madras Bench Chennai-600 001 + 1 cc to M/s. S. Arun, Advocate Sr.46626 W.P.No.16931 of 2017 PPA(CO) EU 22.08.17