Facts
The applicant was initially appointed as a Messenger Boy on 17.10.1977 and subsequently promoted to Peon (1979), Poddar (1985), and Record Supplier (1990)
Source reference: p. 3, 6Following the implementation of the Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) schemes, the applicant was granted the 1st ACP in the pre-revised scale of Rs. 3200-4900 (Grade Pay Rs. 2000) effective 01.10.2000
Source reference: p. 3Upon the 6th Central Pay Commission (CPC) implementation, he received the 2nd MACP in Grade Pay (GP) Rs. 2400 and the 3rd MACP in GP Rs. 2800 effective 01.09.2008
Source reference: p. 3, 6The applicant approached the Tribunal challenging the order dated 08.06.2015, which rejected his claim for ACP-II in GP Rs. 4200 and MACP-III in GP Rs. 4600
Source reference: p. 1He contended that his promotion to Record Supplier should be treated as a "fast track" promotion and that he was entitled to the pay scale of the next higher promotional post, 'Chargeman'
Source reference: p. 2The respondents argued that his post was merged into Multi-Tasking Staff (MTS) per SRO 54 (2006) and SRO 57 (2012), and he had already received the maximum permissible benefits under the rules
Source reference: p. 3-4Issues
1. Whether the applicant is entitled to the grant of ACP-II in Grade Pay Rs. 4200/- and MACP-III in Grade Pay Rs. 4600/- based on the promotional hierarchy of the post of Chargeman.
Source reference: p. 1, 62. Whether the Tribunal has the jurisdiction to interfere with the determination of pay scales and job evaluations assigned by the executive and expert bodies.
Source reference: p. 6-7Law Applied
The court primarily applied the principles governing the ACP and MACP Schemes as clarified by the Ministry of Finance and the Department of Personnel and Training (DOP&T)
Source reference: p. 4-5It relied on Statutory Rules and Orders, specifically SRO 54 dated 20.04.2006 and SRO 57 dated 19.07.2012, which converted erstwhile Group ‘D’ posts (Record Supplier, Blue Printer) into Multi-Tasking Staff (MTS) Group ‘C’ in GP Rs. 1800
Source reference: p. 3-4Furthermore, the court applied the judicial precedent established in State of Punjab and Ors. v. Jagjit Singh and Ors. (2017) 1 SCC 148, which holds that the equation of posts and determination of pay scales is an exclusive executive function and courts should not ordinarily perform job evaluations
Source reference: p. 7Reasoning
The Tribunal observed that the applicant had already been granted three financial upgradations (one ACP and two MACPs) in accordance with his service record
Source reference: p. 6The applicant’s claim for GP Rs. 4200 and Rs. 4600 was predicated on the assumption that his hierarchy should be linked to the post of 'Chargeman'; however, the court found that the applicant failed to produce any relevant rule or evidence to justify such a placement
Source reference: p. 6The respondents demonstrated that through SRO 54 and SRO 57, the applicant's cadre was re-designated as MTS with a specific pay structure, which the applicant failed to challenge in these proceedings
Source reference: p. 5, 7The Tribunal reasoned that since the applicant did not participate in departmental examinations, his promotion could not be termed "fast track"
Source reference: p. 3Citing Jagjit Singh, the court emphasized that pay scale determination is the domain of expert bodies like Pay Commissions, and in the absence of a demonstrated violation of rules, the court cannot interfere in such technical evaluations or financial implications
Source reference: p. 7Holding
The Tribunal held that the Original Application lacked merit as the applicant was correctly placed in the pay scales determined by the relevant SROs and expert bodies
The court affirmed that financial upgradations under the MACP scheme are purely personal to the employee and provide no grounds for claiming parity outside the established rules
Source reference: p. 7Consequently, the Tribunal dismissed the application, sustaining the impugned order dated 08.06.2015. No order as to costs was made
Source reference: p. 7Original Court PDF
Jagat PrasadvsM/o Defence
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