MOTURU NIRMALA DEVI vs DOPT
- Court
- Central Administrative Tribunal
OA No.020/00 352/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH :: HYDERABAD
(Circuit Sitting at Vijayawada)
OA No.020/00352/2019
Reserved on : 22.09.2026
th
Pronounced on : 13 October, 2026
CORAM :
HON'BLE Mr.MANISH GARG, MEMBER (Judl.)
HON'BLE Mr.VARUN SINDHU KUL KAUMUDI, MEMBER (Admn.)
Between :
1. Smt.Moturu Nirmala Devi,
Technical Officer-C Retd.,
Naval Science and Technological Laboratory,
W/o Moturu Sai Naga Malleswara Rao,
aged about 61 Years, R/o D.No.39-33-37/1,
MIG-43, Nirmala Niketan Madhavadhara Vuda Colony,
Visakhapatnam-530018.
2. Sri Konchada Dhaveleswara Rao,
Technical Officer-C Retd.,
Naval Science and Technological Laboratory,
S/o K.Rama Murthy, aged about 60 years,
H.No.54-11-17/4/1, G2, Sarat Residency,
Isukathota, Visakhapatnam,
Andhra Pradesh-530027. ..Applicants
(By Advocate :G.Trinadha Rao)
AND
1. The Union of India,
rep.by its Secretary, Ministry of
Personnel, PG & Pensions,
Department of Personnel and Training (DOP&T),
North Block, New Delhi-110001.
2. The Defence Research and Development Organization,
rep.by the Chairman, DRDO & Secretary,
Department of Defence R&D,
Ministry of Defence,
DRDO Bhavan, Rajaji Marg,
New Delhi-110105.
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OA No.020/00 352/2019
3. The Navel Science and Technological Laboratory,
Rep.by its Director,
Vigyananagar,
Visakhapatnam-530027. … Respondents.
(By Advocate : Mrs.K.Rajitha, Sr.PC for CG)
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05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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OA No.020/00 352/2019
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 :-
nd rd
A) Declare the action of the 2 and 3 respondents for not
implementing the MACP to the applicants, even after
st
directions from the 1 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.
rd
B) Direct the respondents to implement 3 financial
upgradation i.e.. grade pay Rs.7600/- from 07/12/2012 in
st
respect of 1 applicant and from 14/07/2012 in respect of
nd
2 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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Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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OA No.020/00 352/2019
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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Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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OA No.020/00 352/2019
(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
5 | P a g e
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Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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OA No.020/00 352/2019
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
EVENTS TO BE
APPOINTMENT
CONSIDERED
UNDER MACPS
Merged and awarded
same GP: 4200
(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.
DA 5th
POST 6th CPC
TE CPC
/ARBITRATIO
N/PROMOTIO
N EARNED
07/
12/
PB2
4200
5500-
JSAI/TAB
Appointment
9000
82
(GP)
17/
03/
6500-
PB2
4200
SSA/STA
1050
Promotion
/STAC
86
0
(GP)
SSA(with
arbitratio
Pay scale
earned due to
Hyderabad CAT
25/
09/
7450-
PB2
4600
n) in pay
1150
scale
2375-
89
0
(GP)
orders (OA
No:201/93)
3500
26/
08/
7450-
PB2
4600
Re-designation
TOA
1150
of SSA with
95
0
(GP)
2375-3500
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Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
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OA No.020/00 352/2019
scale under
1) SSA with 2375-
3500 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.
21 Mar 94
iii)
NSTL/003/EST/DR
TC, dated 08/12/95
iv) Service Register
v) CAT, Hyderabad
judgment in OA
No:1116 of 2013
DRTC
01/
09/
5400
TOB
1st promotion
(GP)
98
01/
09/
6600
TOC
2nd promotion
(GP)
04
28/
02/
Retiremen
t
18
K. DHAVALESWARARAO TOC(Rtd.)
Date of Joining DRDO: 14/07/82 POST: JSAI
DETAILS OF PROMOTION/ARBITRATION/REDESIGNATION EARNED
EVENTS TO BE
APPOINTMENT
CONSIDERED
UNDER MACPS
a) Merged and
awarded same GP:
4200
(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-
3500 is obtained
due to CAT,
Hyderabad award
(OA No:201/93) and
DA 5th
POST 6th CPC
TE CPC
/ARBITRATIO
N/PROMOTIO
N EARNED
14/
07/
PB2
4200
5500-
JSAI/TAB
Appointment
9000
82
(GP)
16/
09/
PB2
4200
SSA/STA
6500-
10500
Promotion
/STAC
85
(GP)
SSA(with
arbitratio
Pay scale
earned due to
Hyderabad CAT
20/
09/
PB2
4600
n) in pay
7450-
11500
scale
2375-
89
(GP)
orders (OA
No:201/93)
3500
Re-designation
26/
08/
PB2
4600
of SSA with
7450-
TOA
11500
2375-3500
scale under
95
(GP)
DRTC
01/
09/
5400
TOB
1st promotion
(GP)
97
01/ 6600
TOC
09/
2nd promotion
(GP)
7 | P a g e
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05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
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04 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.
21 Mar 94
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
18
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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OA No.020/00 352/2019
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.
th th
Before 6 CPC After 6 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)
9 | P a g e
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OA No.020/00 352/2019
↓ ↓
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.)
Date of Appointment /
Type of Appointment /
Event Considered
Promotion /
Upgradation /
Redesignation / Merger
Service / Retirement
Designation
Upgradation /
under MACPS
Details
Promotion
10 years: 14.07.1992
20 years: 14.07.2002
30 years: 14.07.2012
Retirement: 31.08.2018
JSA-I Appointment Grade Pay Rs. 4200/- 14.07.1982
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
rd
MACPS eligibility note: Not eligible for 3rd MACPS, as the 3 promotion was earned before 01.08.2008, i.e., the date of
implementation of the MACP Scheme.
10 | P a g e
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Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
Reason: I am the author of this document
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2. Smt. Moturu Nirmala Devi, Technical Officer-C (Retd.)
Date of Appointment /
Type of Appointment /
Event Considered
Promotion /
Upgradation /
Redesignation / Merger
Service / Retirement
Designation
Upgradation /
under MACPS
Details
Promotion
10 years: 07.12.1992
20 years: 07.12.2002
30 years: 07.12.2012
Retirement: 28.02.2018
JSA-I Appointment Grade Pay Rs. 4200/- 07.12.1982
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
rd
MACPS eligibility note: Not eligible for 3rd MACPS, as the 3 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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Digitally signed by SREEDEVI CHINTALAPUDI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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
12 | P a g e
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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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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Digitally signed by SREEDEVI CHINTALAPUDI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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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Digitally signed by SREEDEVI CHINTALAPUDI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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
16 | P a g e
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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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 1986 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
17 | P a g e
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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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,
18 | P a g e
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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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
19 | P a g e
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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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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Digitally signed by SREEDEVI CHINTALAPUDI
DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
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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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DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal
Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No.
05-10-193, 1st Floor, HACA Bhavan, Saifabad, Hyderabad", Phone=
e092318f1d8aa8bccf80aafe8b516fdcccb2818c49f536a2e5806dc698f7f6f3,
SERIALNUMBER=
SREEDEVI
2d6a9624ce6154ef41ec72b2584251f76f78c6e49bc048bc02a6d179cbb79381, E=
[email protected], CN=SREEDEVI CHINTALAPUDI
Reason: I am the author of this document
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