Two promotions before 20 years trigger third MACP after 10 years from the second promotion, whichever is earlier.

The applicant entered service as a temporary Chowkidar on 15 April 1985 and was appointed regularly as a Jobber with effect from 19 March 1993. He was promoted to Skilled Worker on 13 November 1998 and Assistant Craftsman on 29 May 2006.

After retirement on 30 June 2021, he sought third financial upgradation under the Modified Assured Career Progression Scheme (MACPS), contending that it was due ten years after his second promotion. The respondents denied eligibility on the ground that he had not completed 30 years of regular service from his appointment as Jobber; they acknowledged, however, that Illustration B to paragraph 28 of the MACPS applied to his case.

Whether the applicant was entitled to third MACP upgradation under Illustration B to paragraph 28 of the MACPS, notwithstanding that he had not completed 30 years of regular service before retirement.

The Tribunal applied the MACPS Office Memorandum dated 19 May 2009, particularly Illustration B to paragraph 28 in Annexure I. Under that illustration, where an employee earns two promotions before completing 20 years of service, the third financial upgradation is admissible on completion of ten years of service in the grade pay from the date of the second promotion or on completion of 30 years of service, whichever is earlier.

The Tribunal cited no judicial precedent.

The applicant’s two promotions occurred before he completed 20 years of regular service from his appointment as Jobber, and the respondents accepted that Illustration B governed his case.

The Tribunal rejected the respondents’ reliance on the 30-year-service requirement as misconstruing the illustration: it provided two alternative milestones, with entitlement arising on the earlier one. Since the applicant completed ten years from his second promotion on 29 May 2016, before completing 30 years of regular service, the Tribunal held that his failure to reach the latter milestone before retirement did not defeat his claim.

It directed the respondents to grant those benefits and refix his pay and pension within eight weeks of receiving a certified copy of the order. The application was allowed to that extent, with no order as to costs.