MACP: Promotions to merged grades before 6th CPC recommendations are not promotions for financial upgradation.

The 36 applicants, initially joined the respondents as Workmen (semi-skilled) in 1987.

They progressed through various grades including Fitter Skilled Grade, Fitter(I)/HS-II, Fitter(I)/HS-I, Fitter(I)/MCM, Chargeman-II/Tech-Mechanical, and JWM/Tech Mechanical.

Prior to the introduction of the Modified Assured Career Progression (MACP) Scheme in 2008, the applicants contended they received only one promotion and, after completing 20 years of service, were entitled to a second financial upgradation to the pay scale of Rs. 9300-34800 with a grade pay of Rs. 4600.

They made representations between 2013-2015, which the respondents did not address, leading to the current application.

The respondents claimed the applicants, including Manjeet Singh, received multiple promotions before 01.01.2006 (to Highly skilled and Master Craftsmen) and a further promotion to Chargeman thereafter, thus already availing GP-4600 /.

The applicants countered that the movement to Master Craftsman was a "placement" and not a "promotion" because it involved no new qualifications or change in responsibilities, and was for the 25% senior-most Highly Skilled employees.

1. Whether the action of the respondents in not granting the Grade Pay of Rs. 4600 in PB-II (Rs. 9300-34800) to the applicants was illegal, arbitrary, and unjustified.

2. Whether the promotions earned or upgradations granted under the ACP Scheme, prior to the introduction of MACP, in grades that later merged due to 6th CPC recommendations, should be ignored for considering subsequent financial upgradation under the MACP Scheme.

3. Whether the movement of applicants to the grade of Master Craftsmen before 01.01.2006 should be treated as a promotion or a placement for the purpose of MACP benefits.

The court primarily applied the Modified Assured Career Progression (MACP) Scheme introduced by the Government via DOP&T OM dated 19.05.2009, specifically referring to Paragraph 5 of its Annexure-I which addresses the consideration of prior promotions/upgradations after the 6th CPC recommendations and merger of grades.

The court also considered the ACP Scheme, under which financial upgradations were based on the pay scale of the next post in the hierarchy.

It implicitly considered the principles of interpretation of schemes, as highlighted in Govt. of NCT of Delhi & Anr. versus S. K. Saraswat & Ors.

The court also referred to OM No. 35034/1/97-Estt.(D) (Vol. IV) dated 18.07.2001, which clarifies when placement/appointment to higher scales of pay based on Pay Commission recommendations is not to be reckoned as promotion/financial upgradation.

The Tribunal analyzed the applicants' career progression, noting that prior to 01.01.2006, the hierarchy had Skilled (GP Rs. 1900), Highly Skilled (GP Rs. 2400), and Chargeman (GP Rs. 4200).

The respondents admitted that Master Craftsman (MCM) was a "placement post" for the 25% senior-most Highly Skilled until 31.12.2005, carrying a pay scale of Rs. 4500-7000 (equivalent to GP Rs. 2800 initially, then upgraded to GP Rs. 4200 after 01.01.2006 and made a promotional post).

The applicants' argument, supported by the OM dated 18.07.2001, contended that this "placement" to MCM, without new qualifications or changes in responsibility, should not be treated as a promotion.

The court accepted the principle that if there are no new recruitment rules or change in responsibility, such upgradation should be treated as placement, not promotion.

Therefore, the upgradation to MCM, which subsequently merged with Chargeman at a GP of Rs. 4200, meant that applicants reaching this grade initially through placement or promotion, and then spending 10 years without further promotion to GP Rs. 4600, would be eligible for 3rd MACP.

The respondents are directed to scrutinize each applicant's case afresh.

Promotions until the grade pay of Rs. 4200 in the posts of Chargemen/Master Craftsmen shall be ascertained.

The initial promotion to Chargeman or Master Craftsman (whichever is earlier) should be taken as the reckoning date for considering 3rd MACP benefits.

If any applicant has completed more than 10 years in the grade pay of Rs. 4200 without a further promotion to the grade pay of Rs. 4600, they shall be considered for the third financial upgradation under the MACP Scheme.

This exercise must be completed within eight weeks from the date of receipt of the certified copy of the order.