UNION OF INDIA Vs. UTPAL SAIKIA

JUDGEMENT

(1.) The Modified Assured Career Progression (MACP) Scheme, as recommended by the Sixth Central Pay Commission, received consideration and acceptance of the Government of India with modifications. Accordingly, the Office Memorandum dated 19.05.2009 was issued by the Ministry of Personnel, Public Grievances and Pensions granting 3(three) financial upgradations under the Scheme to the Central Government civilian employees at intervals of 10, 20 and 30 years of continuous regular service. The MACP Scheme was brought in supersession of the previous Assured Career Progression Scheme (ACPS). The three financial upgradations are to be counted from the direct entry grade on completion of the interval periods. It has been made admissible whenever the employee has spent 10 years continuously in the same grade-pay. The Scheme also envisages that promotions earned/upgradations granted under the erstwhile ACP Scheme in the post to those grades which now carry the same grade-pay due to merger pay scales/upgradations of post recommended by the Sixth Pay Commission, shall be ignored for the purpose of granting upgradations under the MACP Scheme. "Regular service", for the purpose of the Scheme, commences from the date of joining in a post in direct entry grade on a regular basis, either on direct recruitment basis or on absorption/re-employment basis, thus dispensing with service rendered on ad-hoc/contract basis before regular appointment on pre-appointment training.

(2.) The respondents herein were initially employed on ad-hoc basis as Assistant Compiler/Lower Division Clerk (LDC)/Computer in the year 1990/1991 during the 1991 Census operation. The said temporary employment in Assam was discontinued on and from 1994-1995. In the year 1995 a Data Centre for the entire North-Eastern States was established requiring recruitment of about 52 staff for entry of census data. Recruitments were made through the National Informatics Centre (NIC), Guwahati, which also included some retrenched persons as well as through selection by the Staff Selection Commission, Regional Office, Guwahati. The Office of the Director of Census Operation, Assam, being faced with mounting work-load, engaged all the 13 respondents on ad-hoc basis as Data Entry Operators Grade-'A' against vacant posts which were meant to be filled up by way of direct recruitment through selection by the Staff Selection Commission or alternatively by issuance of No Objection Certificate (NOC) by the Commission for regularizing the service of the said ad-hoc Data Entry Operators. As no recruitment exercise was conducted or NOC issued by the Commission, the respondents came to be appointed on regular basis in temporary capacity with effect from 01.01.1998 on probation for a period of two years. By subsequent Office Order dated 31.12001, the respondents were promoted on ad-hoc basis to the post of Data Entry Operator Grade-'B' with effect from 01.01.2002 in the scale of pay of Rs. 4500-125-7000/- per month. The said Office Order dated 31.12001 clarified that the ad-hoc promotion will not give rise to any claim for regular appointment in the post and their service as Data Entry Operator Grade-'B', on ad-hoc basis, will not count for the purpose of seniority or promotion to the next higher grade. Subsequently, by different orders dated 31.07.2003, 08.03.2004 and 28.01.2005 the respondents were granted promotion to the post of Data Entry Operator Grade-'B' on regular basis. In respect of the Original Applicant Nos. 1 to 4 and 6 to 10, they were granted promotion on regular basis w.e.f. 30.07.2003; the Original Applicant Nos.11 and 13 w.e.f. 26.02004 and Original Applicant Nos. 5 and 13 w.e.f. 20.01.2005 respectively.

(3.) The cause of action constraining the respondents to move the Central Administrative Tribunal, Guwahati Bench were in respect of (i) the findings of the Departmental Promotion Committee (DPC) dated 16.07.2012 rejecting their claim for grant of the second financial up gradation w.e.f. 01.01.2012, despite the fact that they had been promoted to the Grade-'B' post w.e.f. 01.01.2002 and by 01.01.2012 had completed the required interval period entitling them to the second grant; (ii) the Office Order dated 17.10.2012 clarifying that ad-hoc service cannot be counted for benefits under ACP or MACP; (iii) the Office Memorandum dated 25.02013 which was issued in respect of one of the respondents/Original Applicant i.e. Utpal Saikia clarifying with reasons that he would be eligible for the second MACP from his first regular promotion, made effective from 20.01.2005; and (iv) the Office Memorandum dated 204.2013, which had been issued on the information sought by Utpal Saikia under the Right to Information Act, clarifying that none of the 13(thirteen) Data Entry Operators Grade-'B' were found eligible to get financial up gradation with effect from 01.01.2012.