CAT - ['Cuttack']
Employment and Labour LawAdministrative and Public Law

Refusal of promotion defers the next MACP only for the prescribed debarment period.

BHAKTIMAYEE TRIPATHY vs DEPARTMENT OF POSTS

CAT - ['Cuttack']JUDGMENT: August 21, 20263 MIN READSOURCE JUDGMENT
Refusal of promotion defers the next MACP only for the prescribed debarment period.. BHAKTIMAYEE TRIPATHY vs DEPARTMENT OF POSTS. CAT - ['Cuttack']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant joined the Department of Posts as a Postal Assistant on 04.10.1997 and received her first financial upgradation under the Modified Assured Career Progression (MACP) Scheme with effect from 01.09.2008.

Source reference: p.2

She was offered regular promotion to the LSG cadre by memorandum dated 22.03.2017, which she declined on 18.04.2017. Consequently, she was debarred for one year, up to 17.04.2018.

Source reference: pp.2, 5

She ultimately joined the LSG post at Gopalpur S.O. on 14.08.2021, and was granted the second MACP with effect from 15.08.2021.

Source reference: p.3

Her representation seeking the benefit from 18.04.2018 was rejected on 23.03.2022. She challenged the rejection and the order granting MACP from 15.08.2021 before the Tribunal.

Source reference: pp.2–3
02

Issues

Whether an employee who had already received the first financial upgradation under the MACP Scheme and thereafter declined regular promotion could be denied the second MACP beyond the one-year debarment period.

Source reference: pp.5–6

Whether the applicant was entitled to the second financial upgradation under MACP with effect from 18.04.2018, notwithstanding her subsequent promotion to the LSG cadre in 2021.

Source reference: pp.8–10
03

Law Applied

The Tribunal applied the DoP&T’s promotion-debarment instructions contained in O.M. No. 22011/5/86-Estt.(D) dated 10.04.1989, under which an employee refusing regular promotion is ordinarily debarred from further consideration for promotion for one year.

Source reference: pp.4, 7

It applied the MACP Scheme introduced through DoP&T O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, under which financial upgradations are governed by the conditions applicable to regular promotion but are not dependent on vacancies or reservation rosters.

Source reference: pp.6–7

Relying on paragraph 30 of the DoP&T O.M. dated 21.11.2022, the Tribunal held that where an employee has already obtained a financial upgradation due to stagnation and subsequently refuses promotion, the earlier benefit is not withdrawn; the next financial upgradation is deferred only for the period of debarment, and becomes available when the employee agrees to be considered for promotion again.

Source reference: pp.5–6

The Tribunal also considered paragraph 24 of the Directorate’s MACP clarification dated 30.10.2019 and the coordinate Bench decision in Nagendra G v. Department of Posts, O.A. No. 248 of 2024, decided on 10.11.2025.

Source reference: pp.4, 9–10
04

Reasoning

The applicant had already earned the first MACP before declining the LSG promotion; therefore, the refusal could not retrospectively extinguish that benefit.

Source reference: pp.5–6

Under the applicable MACP principle, the consequence of refusal was limited to postponement of the next financial upgradation for the one-year debarment period.

Source reference: pp.5–6

Since the applicant declined promotion on 18.04.2017, the debarment expired on 17.04.2018.

Source reference: pp.7–10

The Tribunal rejected the respondents’ interpretation that the applicant remained ineligible for MACP until her eventual acceptance of promotion in 2021.

Source reference: pp.7–10

It held that, once the debarment period ended and before the applicant’s subsequent promotion, the second MACP became payable, subject to the other eligibility conditions.

Source reference: pp.7–10

The later promotion and joining in the LSG cadre could not justify postponing the MACP from 18.04.2018 to 15.08.2021.

Source reference: pp.7–10
05

Holding

The Tribunal held that the applicant was entitled to the second financial upgradation under the MACP Scheme with effect from 18.04.2018, immediately after expiry of the one-year debarment period.

The orders dated 30.11.2021 and 23.03.2022 were quashed.

Source reference: p.10

The respondents were directed to issue consequential orders and extend all consequential benefits within 90 days from receipt of the Tribunal’s order.

Source reference: p.10

The Original Application was allowed, with no order as to costs.

Source reference: p.10
CAT - ['Cuttack']

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BHAKTIMAYEE TRIPATHYvsDEPARTMENT OF POSTS

CAT - ['Cuttack'] · August 21, 2026

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