MILAP CHAND Vs. THE UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. H.G. Baruah, learned counsel for the petitioner and also Mr. R. Debnath, learned CGC appearing for the respondents.

(2.) BY this writ petition, the petitioner who had retired from service on superannuation in 01.04.2010, is praying for a direction to the respondents to extend the financial upgradation under Modified Assured Career Progression Scheme (for short 'MACPS') i.e. to grant the grade pay of Rs. 2,402/ - (Rupees two thousand four hundred and two) to Rs. 2800/ - (Rupees two thousand eight hundred) w.e.f. 01.09.2008 and also quashing the order dated 06.03.2012 and also an order dated 03.10.2013, whereunder, the financial upgradation had been denied due to ACR criteria to the petitioner.

(3.) PARA 1 of the Annexure -I of the MACPS clearly provides that there shall be 3 (three) financial upgradations under the MACPS, counted from the direct entry grade on completion of 10 (ten) years, 20 (twenty) years and 30 (thirty) years service respectively. Financial upgradation will be admissible whenever a person has spent 10 (ten) years continuously in the same grade. Para 17 of the Annexure -1 to the MACPS, further provides the financial upgradation would be on non -functional basis subject to fitness, in the hierarchy of grade pay within PB -1.