SWAPAN KUMAR PAUL vs POSTS

1 o.a.485 of 23

CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA


O.A. 350/485/2023 Date of order: 20.08.2026

Present : Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member


Sri Swapan Kumar Paul, aged about 62 years, son of late
Sudhir Kumar Paul, retired from Assistant Post Master,
Asansol Head Post Office, residing at Village- North
Dhaka, Asansol- 713302, District- Paschim Burdwan.

………Applicant.

-versus-

1. Union of India, service through the Ministry of
Communication, Deptt. Of Posts, Dak Bhawan, New
Delhi- 110001.


2. The Chief Post Master General, West Bengal Circle,
Yogayog Bhawan, C.R. Avenue, Kolkata- 700012.


3. The Post Master Genearl, Sub Region, Yogayog
Bhawan, Kolkata- 700012.


4. The Senior Superintedent of Post Offices, Asansol
Division, Asansol- 713301.

…….Respondents.
For the Applicant : Mr. K. Sarkar, Counsel
Ms. A. Sarkar, Counsel

For the Respondents : Dr. D. Chowdhury, Counsel

O R D E R (Oral)

Per Dr. Lata Baswaraj Patne, Judicial Member:
The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunal Act, 1985, praying for the following relief:

Pampa
63226eb33a533d2b6bf3
8fe2, PostalCode=
700020, S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2
168635dee2247261f62b bbc47678dd5cb72a133
Nandi
Debnath

2 o.a.485 of 23

“(a) To direct the respondents and their men and agents to pay the interest of the

rd
3 MACP at 12% interest forthwith.

(b) To direct the respondents and their men and agents to comply with the order
of the Hon’ble CAT/Kolkata Bench dated 27.06.2022 fully forthwith.

(c ) To direct the respondents and their men and agents to deal with and dispose
of the representation dated 17.03.2023 forthwith.

(d) To produce all connected departmental records at the time of hearing.

(e ) Any other order or orders as the Hon’ble Tribunal may deem fit and proper.”


2. The brief facts of the case in a nutshell as under:
It is the grievance of the applicant that though he has been approved the
rd
benefit of 3 MACP on 26.09.2022 after delay of 4 years but till date he has not
been received any interest. Earlier the applicant had approached this Tribunal by
rd
filing O.A. No. 1056/2022 for grant of 3 MACP which was disposed of vide order
dated 29.06.2022 with a direction upon the competent authority to decide the
claim of the applicant within 3 months. Though, claim of MACP benefits had
already been settled but interest on delayed payment has not been paid and in
this regard the applicant had already made representation dated 17.03.2023
which is still pending. Being aggrieved, the applicant has filed the instant OA.
3. After notice, the respondents have appeared and filed their reply wherein
they opposed the contention made by the applicant. The respondents submit that
the applicant was granted MACP –II w.e.f. 01.09.2008. His MACP- III was due from
01.09.2018. The meeting of Departmental Screening Committee was held on
16.10.2019 for awarding MACP to the officials whose MACP was pending in
between January 2018 to September 2019 and on completion of meeting, all
related documents were sent to Regional Office for approval vide order dated
25.10.2019. The respondents also submits that the MACP case of the applicant
was not considered because as per DOPT OM dated 22.10.2019 where it has been

Pampa
63226eb33a533d2b6bf3
8fe2, PostalCode=
700020, S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2
168635dee2247261f62b bbc47678dd5cb72a133
Nandi
Debnath

3 o.a.485 of 23

clearly stipulated that if a particular MACP falls due on or after 25.07.2016 the
bench mark grading for MACP for level 11 and below i.e. the case of the applicant
should be very good. Therefore, it is crystal clear that it is not for any
administrative lapse which may be accounted for the delay in granting MACP to
the applicant as there was no scope to allow MACP in favour of the applicant.
Thereafter, vide DOPT OM dated 22.12.2021, it is clarified that MACP cases which
could not be considered were ordered to be reviewed on the basis of certain
prescribed modalities for granting MACP. The case of the applicant was reviewed
thereafter by the concerned Departmental Screening Committee and after going
through a process of thorough examination his case was finally approved by the
competent authority.
Learned counsel for the respondents further submits that because of
issuance of DOPT OM dated 22.12.2021, the official was not entitled to get the
MACP upgradation as per Rule. However, after getting instruction from the
aforesaid DOPT order, review DSC was held and since the case was not regular
one, it needed to be examined through arduous process. It is for the applicant
who got below bench mark grade in 2016-2017, lacuna on the part of the
applicant since he failed to get bench mark grade in 2016-17 which ultimately
caused delay in granting MACP before 2022. Respondents also submit that there
was no scope to grant him MACP because the rule did not permit so. So the delay
cannot be said to be willful or intentional on the part of the respondents rather
the applicant not got bench mark grade in the year 2016-17, he would have been
granted such earlier as regular case. Therefore, the claim of interest payment for
delayed MACP is not accepted by the respondent authorities.


Pampa
63226eb33a533d2b6bf3
8fe2, PostalCode=
700020, S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2
168635dee2247261f62b bbc47678dd5cb72a133
Nandi
Debnath

4 o.a.485 of 23

4. Heard learned counsel for both sides and perused the records.
nd
5. Learned counsel for the applicant argued on the point that this is the 2
round of litigation of the applicant before this Tribunal. The earlier O.A being O.A.
No. 1056/2022 was heard at length and was disposed of directing the
respondents to decide the representation in respect of claim of the applicant for
grant of MACP /upgradation benefits. While considering the representation, the
nd
respondents have granted the MACP benefits. Now, the 2 OA has been filed
where though the respondents have granted the MACP under upgradation,
however, delay on delayed payment of such benefits, the applicant is entitled to
interest. It is noted that our direction was only to dispose of the representation
and the respondents were considered the same positively.
6. Learned counsel for the respondents vehemently opposes the relief
claimed by the applicant on the ground that :
(i) In earlier order of this Tribunal, it was the only direction upon the respondents
to dispose of the representation of the applicant and accordingly, the
respondents have considered and granted the benefits as claimed by the
applicant. If anything is left out and order has not been complied with, the
remedy is under the contempt, not by filing fresh OA. Therefore, the OA is not
maintainable.
(ii) Prior to 2021, to grant this benefit under the MACP upgradation, rule does not
permit since APAR up to ‘very good’ is required. However, subsequently, the rule
modified and following the directions, they considered the grievance of the
applicant. Therefore, there is no question of administrative delay as contended by

Pampa
63226eb33a533d2b6bf3
8fe2, PostalCode=
700020, S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2
168635dee2247261f62b bbc47678dd5cb72a133
Nandi
Debnath

5 o.a.485 of 23

the learned counsel for the applicant who is otherwise eligible as rule does not
permit.
7. We are of the opinion that the respondents have already considered the
grievance of the applicant following the rules as well as direction given by this
Tribunal and the order has been passed against the representation of the
applicant positively. The benefits has been granted to the applicant and therefore
the applicant cannot claim any interest as a matter of right since he has not
coming in the zone of consideration following the rules and up to the bench mark.
Accordingly, we do not find any merit in the present OA. OA is dismissed. No
costs.
(Anindo Majumdar) (Dr. Lata Baswaraj Patne)
Member (A) Member (J)

pd















Pampa
63226eb33a533d2b6bf3
8fe2, PostalCode=
700020, S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2
168635dee2247261f62b bbc47678dd5cb72a133
Nandi
Debnath