UNION OF INDIA Vs. PAULBHAI

JUDGEMENT

(1.) WE have heard Ms. R.V. Acharya, learned advocate appearing for the petitioners. This writ petition has been filed by the petitioners challenging the order of the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad passed in Original Application No. 189 of 2012, decided on 06.08.2013.

(2.) THE brief facts of this case are that the respondent -original applicant was appointed as Postal Assistant on 12.02.1975 and was granted Time Bound One Promotion (TBOP) in grade pay of Rs. 2800/ - in 1991 and benefit under Biennial Cadre Review (BCR) in grade pay of Rs. 4200/ - in 2001. He was selected and offered promotion on 06.09.2007, which he declined. This was accepted by the Circle Office with the condition that he will lose his chance for promotion to HSG -II, HSG -I. Effective date of MACP is 01.09.2008. Respondent -original applicant retired on 31.12.2008 and prior to his retirement, he was offered once again LSG promotion on 10.12.2008. Although he did not deny it, but he could not avail it because of non -issue of posting orders. He represented to the higher authority for denial of MACP -III Scheme in the grade pay of Rs. 4600/ - on the ground of average CR for the year 2004 -05, but he was informed that MACP was not being provided to him due to his denial of his LSG promotion in 2007 as per clause 25 of the MACP Scheme. The same view was endorsed by PMG, Vadodara.