MACP CASE FILED IN CHENNAI CAT BY AIPRPA MEMBERS IN TAMILNADU
MODEL OA FILED IS HEREUNDER AND COMRADES ARE REQUESTED TO TAKE A COPY TO STUDY SIMILAR CASES IN THEIR RESPECTIVE STATES BEFORE APPROACHING ADVOCATES
AS 7th CPC is expected to submit its recommendations within the next four months, Comrades are requested to expedite filing Pensioners Cases for III MACP in CAT early.
OA FILED IN A CASE IN CHENNAI CAT IS AS FOLLOWS:
BEFORE THE CENTRAL ADMINISTRATIVE
TRIBUNAL
MADRAS BENCH
O.A. No. of 2014
V.R.
Venkatesan,
Retd.
Sub Post Master,
Tandaiapet
PO,
Chennai
– 600 043. …
Applicant
-Vs-
Union
of India,
Rep.
by Senior Superintendent of Post Offices,
Chennai
City North Division,
Chennai
– 600 008. …
Respondent
ORIGINAL APPLICATION UNDER SECTION 19
OF THE
ADMINISTRATIVE TRIBUNAL ACT, 1985.
DETAILS OF THE APPLICATION
1.
PARTICULARS OF THE ORDER AGAINST
WHICH THE APPLICATION IS MADE.
i) Number of the order Memo No. B2/MACP/Misc/Dlgs
ii) Date of the order 22.04.2014
iii) Subject in brief Applicant
seeks to set aside Order dated 22.04.2014 passed by the Respondent and
consequently direct Respondent to grant MACP III to him.
2.
JURISDICTION OF THE TRIBUNAL:
The applicant declares that the
subject matter of this application is within the jurisdiction of this Hon’ble
Tribunal.
3.
LIMITATION:
The applicant further declares that
the application is within the limitation period prescribed in Section 21 of the
Administrative Tribunal Act, 1985.
4. FACTS OF THE CASE:
(a)
The Applicant
submits that he is a retired Sub Postmaster in Department of Posts. He files
the present Original Application to set aside Respondent’s Order dated
22.04.2014 and consequently seeks a direction to the Respondent to grant him
MACP III. Applicant submits that he was initially recruited in the Post of
Group D on 19.01.1971. Thereafter on 19.09.1975 the Applicant was selected
through competitive examination to the Post of Postal Assistant. Applicant submits that with a view to provide each employee of the
Department with at least one carrier advancement in his entire services
Department notified a Scheme called Time Bound One Promotion Scheme vide its
office memo No. 31-26/83-PE.I dated 17.12.1983. Under the said Scheme each
employee of the Department is entitled to get one financial up gradation
wherein his pay will be placed on the next higher post’s pay scale on the
successful completion of sixteen years of his service in a particular cadre.
While this being so the Department after some time also notified another Scheme
called Biennial Cadre Review vide office memo No. 22-1/89-PE.I dated
11.10.1991. Under the said Scheme the incumbents of existing posts in the
Department would be enabled to draw pay in the next higher scale on successful
completion of twenty six years Departmental service in that cadre.
b. The Applicant submits that as he was selected
through competitive examination to the Post of Postal Assistant on 19.09.1975
he was granted financial up gradation under Time Bound One Promotion Scheme
with effect from 20.09.1991. Further Applicant was granted his second financial
up gradation under Biennial Cadre Review on 01.01.2002. While this being so
consequent on the recommendations of Sixth Pay Commission the Government of
India introduced Modified Assured Carrier Progressive Scheme for the benefit of
Central Government Employees vide Memo No. 35034/3/2008-Estt. (D) dated
19.05.2009. A copy of the Memo No. 35034/3/2008-Estt. (D) dated 19.05.2009 is
enclosed as Annexure A1. Applicant submits that the object and reason
for the introduction of MACP Scheme to Central Government Employees is to avoid
stagnation of employees concerned in a particular post for years together
without any promotion. Under the scheme an employee of Central Government
Department will be granted financial up gradation to next pay band and grade
pay in promotional hierarchy immediately on completion of 10, 20 and 30 years
of Departmental service. Further an employee may also be granted financial up
gradation to next pay band and grade pay in promotional hierarchy if he or she
is stagnated in a particular post for ten years without any promotion subject
to the maximum of three such up gradation in his/her entire service.
c. The Applicant submits that the Department of
Post in suppression of then existing Time Bound One Promotion Scheme and
Biennial Cadre Review adopted Modified Assured Carrier Progression Scheme with
effect from ___________ vide its Memo No. ___________________________ dated
______________. As he was brought under
the ambit of MACP Scheme by the Department of Post Applicant vide his
representation dated 04.01.2013 sought third financial up gradation under MACP
III as he at the time of his retirement from the Department completed 33 years
of Departmental service. A copy of the representation dated 04.01.2013 is
enclosed as Annexure A2. Applicant sought financial up gradation under
MACP III as he already availed two financial up gradations under Time Bound One
Promotion Scheme and Biennial Cadre Review Scheme on completion of 16 years and
26 years of Departmental services. As no reply is forthcoming from the
Respondent Applicant submitted a reminder to the Respondent on 20.12.2013 and
requested Respondent to grant him MACP III. But the Respondent to Applicant’s
shock and dismay vide the impugned Order dated 22.04.2014 denied Applicant his
legitimate financial up gradation under MACP III. A copy of the impugned Order
passed by the Respondent is enclosed as Annexure A3. The Respondent in
order to deny Applicant his financial up gradation under MACP III alleges that
as Applicant was promoted to the Post of Postal Assistant from Group D that
will offset MACP I. Further he alleges that financial benefits granted under
Time Bound One Promotion Scheme and Biennial Cadre Review Scheme will offset
MACP II and MACP III.
d. The Applicant submits that first and foremost
the reasoning of the Respondent that selection of Applicant to the Post of
Postal Assistant in competitive examination will constitute a promotion to
offset MACP in order to deny Applicant his legitimate right to get MACP III
financial up gradation is unjust and arbitrary because the selection of
Applicant as Postal Assistant on 19.09.1975 is altogether a new recruitment to
a different cadre than that of Group D. The Respondent ought to have computed
the Applicant service in the Department for the purpose of granting MACP III
only from the day on which he was selected as Postal Assistant since Applicant’s
selection cannot in any way termed as promotion but on the contrary it is a
result of direct recruitment process. It is true that Applicant was appointed
in Group D Post initially on 19.01.1971. But on his own volition Applicant
participated in the recruitment to the Post of Postal Assistant in a
Competitive examination and was selected based on such exercise. It is
appropriate here to mention that in normal due course otherwise than on being
selected in a Competitive examination a Group D Official has no assess to the
Post of Postal Assistant. At best in his entire career he can be promoted to
the Post of Jamaidar. Applicant submits that the action of the Respondent in
denying his legitimate financial up gradation under MACP III is discriminatory
in nature and is against Article 14 of Constitution as it is being granted to a
similarly placed Postal Assistant recruited for the first time in that post.
Merely since Applicant holds an altogether different post and cadre in the
Department on earlier occasion before being directly recruited to the post of
Postal Assistant the Respondent had denied benefits under MACP III. Hence being
left with no other alternative remedy, the applicant approaches this Hon’ble
Tribunal.
5. LEGAL
GROUNDS
a. Applicant submits that first and foremost the
reasoning of the Respondent that selection of Applicant to the Post of Postal
Assistant in competitive examination will constitute a promotion to offset MACP
in order to deny Applicant his legitimate right to get MACP III financial up
gradation is unjust and arbitrary because the selection of Applicant as Postal
Assistant on 19.09.1975 is altogether a new recruitment to a different cadre
than that of Group D.
b. The Respondent ought to have computed the
Applicant service in the Department for the purpose of granting MACP III only
from the day on which he was selected as Postal Assistant since Applicant’s
selection cannot in any way termed as promotion but on the contrary it is a
result of direct recruitment process.
c. The action of the Respondent in denying
Applicant his legitimate financial upgradation under MACP III on the premises
that Applicant already availed maximum financial upgradation is unjust and will
defeat the object of the scheme.
d. The selection of Applicant to the Post of
Postal Assistant cannot be termed to be a promotion especially when Group D
Post which the Applicant was holding earlier is not the feeder Post to that of
Postal Assistant.
e. The action of the Respondent in denying his
legitimate financial up gradation under MACP III is discriminatory in nature
and is against Article 14 of Constitution as it is being granted to a similarly
placed Postal Assistant recruited for the first time in that post. Merely since
Applicant holds an altogether different post and cadre in the Department on
earlier occasion before being directly recruited to the post of Postal
Assistant the Respondent had denied benefits under MACP III.
6. DETAILS OF REMEDIES EXHAUSTED:
There are no remedies available under
the relevant service rules, for the relief prayed for herein.
7. MATTERS NOT PREVIOUSLY FILED OR
PENDING WITH ANYOTHER COURT:
The applicant further declares that
he has not previously filed any application, Writ Petition or Suit regarding
the matter in respect of which this application has been made, before any Court
of law or any other authority or any other bench of the Tribunal nor any such
application, Writ Petition or Suit is pending before any of them.
8. FINAL RELIEF SOUGHT:
In these circumstances, the applicant
pray that this Hon’ble Tribunal may be pleased to set aside Memo No.
B2/MACP/Misc/Dlgs dated 22.04.2014 issued by the Respondent and Consequently
direct the Respondent to grant him financial upgradation under MACP III with
all attendant benefits including interests on arrears at the rate of 12% per
annum till the date of payment and pass such other orders as are necessary to
meet the ends of justice.
9. INTERIM RELIEF SOUGHT:
NIL
10. NOT APPLICABLE:
11. PARTICULARS OF POSTAL ADDRESS:
Number of Postal
Order :
Name of issuing
Post Office : High Court, Chennai – 104
Date of issuing Postal Order :
Post Office at Which payable :
High Court, Chennai – 104
12. LIST OF ENCLOSURES:
As mentioned in
Index above.
VERIFICATION
I,
V.R. Venkatesan, son of V.K. Ramamurthy, aged about 66 years, residing at A/3, Kailash Flats, 1st floor,
No. 5, Siva somkeram street, Rajaji Nagar, Jamin Pallavaram, Chennai – 600 043 do
hereby verify that contents of 1 to 4 and 6 to 10 to be true on my personal
knowledge and paragraph 5 is believed to be true on legal advice and that I
have not suppressed any material fact.
Place : Chennai
Date :
Counsel for Applicant Signature
of the Applicant
