Past regular service counts for MACP eligibility regardless of cadre movement through departmental examinations.

The applicant was appointed as a Postal Assistant on 17.10.1983

He subsequently qualified for a departmental examination and was appointed as Stenographer Grade III on 15.01.1988

Under the Modified Assured Career Progression (MACP) Scheme introduced in 2009, which provides financial upgradations after 10, 20, and 30 years of regular service, the applicant claimed eligibility for the 3rd MACP effective 17.10.2013, counting his total service from 1983

The respondents denied this, asserting that his appointment as a Stenographer in 1988 constituted "direct recruitment," meaning the 30-year period must be calculated from 15.01.1988

The applicant approached the Tribunal after several representations and RTI inquiries revealed that his records had been misplaced and no final decision was taken

The respondents further challenged the application on the grounds of limitation, citing a delay of over two years

1. Whether the past regular service rendered by the applicant as a Postal Assistant is liable to be counted for the purpose of granting financial upgradation under the MACP Scheme

2. Whether the Original Application is barred by limitation given that the cause of action purportedly arose in 2013

The court primarily applied the Modified Assured Career Progression (MACP) Scheme dated 19.05.2009

It relied on DoP&T OMs dated 01.11.2010 and 04.10.2012, which stipulate that regular service in a previous organization/office shall be counted for MACP purposes

The Tribunal further invoked the principle of non-discrimination under Article 14, as established in Dhirendra Chamoli v. State of U.P. (1986) and Surinder Singh v. Engineer-in-Chief, CPWD (1986), which mandates that technical distinctions cannot be used to deny service benefits to similarly situated employees

Regarding limitation, the court applied the principle that denial of financial benefits constitutes a "continuing cause of action" as held in S.S. Rathore v. State of M.P.

The Tribunal observed that the applicant’s service was continuous and uninterrupted within the same department

It rejected the respondents' contention that the move from Postal Assistant to Stenographer via a departmental exam was a "fresh entry," noting that such movement is not equivalent to open-market recruitment

The court reasoned that the MACP Scheme’s objective is to alleviate stagnation based on total length of service; thus, an artificial truncation of service history defeats the scheme's purpose

Furthermore, the respondents failed to produce any statutory rule or instruction mandating the exclusion of past service in such scenarios

The Tribunal also found the action discriminatory, as the applicant's juniors had been granted benefits by counting their past service, a point not effectively rebutted by the respondents

On limitation, the Tribunal held that since the denial results in recurring financial loss, it remains a continuing cause of action, and the applicant had been diligent in pursuing administrative remedies

The court directed the respondents to count the applicant's service from 17.10.1983 and grant the 3rd MACP benefit effective 17.10.2013

The respondents were ordered to re-fix the applicant's pay and release all consequential arrears within three months, failing which interest at the GPF rate would apply

No order as to costs was made