UNION OF INDIA Vs. N.J.JOSEPH

JUDGEMENT

(1.) The petitioners herein are respondents in the original application and the respondent is the applicant. We refer to the parties from their status before the Tribunal.

(2.) The applicant came to the Central Administrative Tribunal on deputation as a Court Master on 13.08.1986. Later he was promoted as a Senior Personal Assistant on 08.04.1987, in which post he was regularised as on 01.11.1989. He was then posted as Private Secretary on ad hoc basis on 01.02.1990, wherein he was regularised on 25.10.1993. He was again promoted as Senior Private Secretary. On 01.01.1996 the post of Senior Personal Assistant and Private Secretary got merged. Hence the promotion was of non-consequence insofar as the first Assured Career Progression [ACP] is concerned.

(3.) The petitioner was granted the first ACP on 09.08.1999, the day on which the Scheme came into operation, though he was entitled to the same on 08.04.1999, when 12 years from his posting as Senior P.A. 08.04.1987 expires. On 01.04.2005 the applicant was again promoted as Principal P.S. in the scale of pay 10000-15500. On 01.04.2009 he was granted a non- functional upgradation retrospectively to the pay scale 8000-13500, which did not confer any financial benefit on the applicant for reason of his being in a higher pay scale already. On 01.09.2008, when the Modified Assured Career Progression (MACP) Scheme was implemented, he was entitled to the second MACP to the grade pay of 7,600/-, which was declined on the ground of non-functional upgradation having been given.