S.MANIKUMAR,J. - (1.) Challenge in this writ petition is to an order made in O.A.No.1096 of 2011 dated 07.08.2013, by which, the Tribunal, declined to issue any direction to the respondents to grant third promotion to the writ petitioner under MACP scheme introduced by the Government of India in Department of Personnel and Training O.M.No.35034/2008-Estt.(D) dated 19.05.2009 with effect from 01.09.2008 along with arrears of pay and allowances and consequential benefits.
(2.) The writ petitioner was appointed as Postal Assistant on 07.11.1973 and as per the TBOP/BCR Scheme, the writ petitioner was granted first time bound promotion (TBOP) with effect from 07.11.1989 and second promotion (BCR) with effect from 01.01.2000. The Government have issued Modified Assured Career Progression Scheme (MACPS), of time bound promotion, vide Government of India, Department of Personnel and Training OM dated 19.05.2009, applicable to all Group A, B and C Central Government civilian employees. According to the petitioner, all the Central Government employees are eligible for three time bound promotions at intervals of 10, 20 and 30 years of continuous regular service.
(3.) Writ petitioner was given two time bound promotions, in the normal course, as per the earlier scheme of time bound promotions. He had completed 30 years of service on 06.11.2003 and therefore, eligible for the third promotion with effect from 01.09.2008, the date on which the scheme was given effect. According to him, several juniors were granted third promotion under the Modified Assured Career Progression Scheme, but he was not promoted. He therefore, made a representation dated 05.08.2010 to the Postmaster General, Chennai City Region, Chennai - 2/respondent No.2. There was no reply. He made an application dated 14.03.2011 to the Senior Superintendent of Post Offices, Pondicherry Division, Pondicherry/respondent No.3. A reply dated 09.04.2011 was given stating that earlier when NSG promotion was offered to the writ petitioner vide Memo dated 20.07.2007, the writ petitioner had declined. By letter dated 18.08.2007 and as per the Rulings and instructions on the subject for grant of financial upgradation under MACP, financial upgradation under third MACP, was not granted.;