SHAJI Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petition is filed challenging Exts.P7 order and for a direction to the 3rd respondent to grant 2nd financial upgradation under ACPS to the petitioners in the scale of PB 2 with grade pay of Rs.4,200.00 with effect from the date of completion of 24 years.

(2.) Petitioners who are retired from General Reserve Engineer Force (GREF) during 2016-2022, have approached this Court aggrieved by the anomaly that was crept in the grant of 2nd financial upgradation to the next grade pay in MACP scheme instead of scale of pay attached to the next higher post in the hierarchy under Assured Career Progression Scheme (hereinafter referred to as 'ACP Scheme'). The service particulars of the petitioners given in the tabular form in the writ petition as Schedule A are as follows:

(3.) A detailed counter affidavit has been filed by respondents wherein it is stated that ACP Scheme was introduced to provide financial upgradation to Government employees whose pay was stagnated due to non-availability of promotion opportunities and two financial upgradation was permitted as per ACP Scheme, ie., on completion of 12 years and 24 years of service from the date of initial appointment. Later ACP Scheme was replaced by MACP Scheme and as per the said scheme an employee on completion of 10, 20 and 30 years of service three increments will be granted to them and going by the present scheme financial upgradation is admissible on completion of 10 years of continuous service in the same grade pay. Since the orders for accepting the recommendation of Pay Commission were issued by the Government on 29/8/2008 the applicability of ACP Scheme was limited upto 31/8/2008 and the same was replaced by MACP Scheme which came into existence with effect from 1/9/2008. It is contended that on introduction of MACP Scheme the petitioners were given 2nd MACP benefits on 1/9/2008 itself as provided in the scheme. It is further contended that the Government as per Ext.R1(a) resolution dtd. 29/8/2008 accepted the recommendation of the 6th Pay Commission and implemented the same with effect from 1/1/2006 with regard to the revised scale of pay and dearness allowance. Since the benefits flowing from ACP and MACP Schemes are incentives and are not part of pay, the effective date for implementation of the allowances other than pay and dearness allowance which also included financial upgradation under MACP Scheme were given effect from 1/9/2008. It is contended that the petitioners have all completed 24 years after 1/9/2008, the date on which the MACP Scheme was given effect to.