UNION OF INDIA AND 4 ORS Vs. HARI KANTA KALITA
HIGH COURT OF GAUHATI
Union Of India And 4 Ors
Hari Kanta Kalita
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A M Bujor Barua, J. -
(1.) Heard Mr. SC Keyal, learned Assistant Solicitor General of India for the petitioners and M. SN Tamuli, learned counsel for the respondent.
(2.) The respondent, Sri Hari Kanta Kalita was initially appointed as a Mail Runner in the Post and Telegraph Department of the Government of India. Sometime in the year 1977, a Limited Departmental Competitive Examination (for short, LDCE) was conducted by the Department for appointment of Postal Clerk (subsequently designated as Postal Assistant), amongst the departmental candidates. It is taken note of that for the post of Postal Assistant, neither the Mail Runner is a feeder post nor there is any provision under the Rules for a Mail Runner to be promoted as a Postal Assistant.
(3.) Be that as it may, by following the aforesaid procedure the respondent was appointed as a Postal Assistant on 01.09.1977. As the respondent continued working as a Postal Assistant, he was granted the first financial upgradation under TBOP Scheme w.e.f. 01.09.1995 on completion of 16 years of service as Postal Assistant. Thereafter, he was given the second financial upgradation under the BCR Scheme w.e.f. 01.01.2004 upon completion of 24 years of service. It is taken note of that the calculation of the qualifying service of 16 years and 24 years, respectively for the purpose of the financial upgradation were made on the basis of his appointment as Postal Assistant on 01.09.1977. Upon completion of 30 years of service as Postal Assistant, the respondent was given the 3rd financial upgradation w.e.f.,01.09.2008 in the scale of Rs.9300-34,800/- with grade pay of Rs.4600/- under the MACP Scheme. But, later on, the grant of the 3rd financial upgradation was withdrawn and the respondent was downgraded to his earlier scale of pay of Rs.9300-34800/- with grade pay of Rs.4200/- and, accordingly, his pension and salary were refixed as per the downgraded scale w.e.f. November, 2011. Against the withdrawal of the 3rd financial upgradation, the respondent served legal notice dated 19.03.2012 and in reply thereof, the petitioner No.5 by letter dated 27.03.2012 had informed that the respondent is not entitled to the 3rd financial upgradation under the MACP, inasmuch as, he had joined his service as a Mail Runner on 15.09.1972 and, thereafter, promoted as a Clerk/Postal Assistant and thereupon given the financial upgradation under the TBOP Scheme w.e.f. 01.09.1995 and BCR Scheme w.e.f. 01.01.2004. Accordingly, it is the stand of the petitioner authorities that the respondent already had the benefit of 3(three) promotions/financial upgradation in his service career and, thereafter, a further financial upgradation under the MACP Scheme would be the 4th such benefit, to which the respondent is not entitled.;
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