UNION OF INDIA Vs. H.JOHN NEPOMISSION

JUDGEMENT

(1.) The common order passed by the Central Administrative Tribunal dated 29 January 2016 in O.A.No.403, 797 of 2014 and M.A.No.734 of 2014 and O.A.No.198/2016 is under challenge at the instance of the Union of India, primarily on the ground that the placement of the Senior Highly Skilled Personnel in the post of Highly Skilled Grade I should be considered as one of promotion and as such, the employees are not eligible for any other benefit under the Modified Assured Career Progression Scheme (hereinafter referred to as "MACP Scheme"?).

(2.) The respondents were all employees of the heavy alloy penetrated project, Trichy. The cadre structure which was prevailing prior to the restructuring included the post of skilled, and highly skilled scale. Pursuant to the order dated 14 June 2010 issued by the Ministry of Defence, the Highly skilled Grade was bifurcated into Grade I and Grade II, the Highly Skilled Grade I being the promotion post to Highly Skilled Grade II. The Highly Skilled Grade I post was placed in Pay Band 1 with a Grade Pay of Rs.2800/-. Similarly, the Highly Skilled Grade II post was placed in Pay Band 1 with a Grade Pay of Rs.2400/-. The post of Master Craftsman which was hitherto not part of the hierarchy was included as part of the promotional hierarchy and placed in Pay Band II with Grade Pay of Rs.4200/-. The order restructuring the cadre was given retrospective effect from 1 January 2006.

(3.) The Government of India in the meantime, introduced the Modified Assured Career Progression Scheme on 19 May 2009. The scheme was made effective from 1 September 2008. The MACP Scheme provides that every employee is entitled for three financial upgradations upon completion of 10, 20 and 30 years of service respectively. The scheme also envisages placement in the next hierarchical pay band introduced pursuant to the 6th Central Pay Commission recommendations.