GANESH BHAVRAO SHROTE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant while working as Radio Mechanic in India Meteorological Department filed this Original Application challenging the two office orders dated 10/11.12.2008 and 20.09.2010, whereby the applicant's prayer for financial upgradation under the ACP Scheme was rejected. The applicant was appointed, as Radio Mechanic on 08.03.1980. A promotion order was issued on 30.07.1998 and the applicant was transferred and posted at RMC Guwahati. The applicant refused the said promotion owing to some serious family problems. The applicant was allowed to work in the same post of Radio Mechanic at Mumbai. The Assured Career Progression Scheme (in short 'ACPs') was introduced vide notification dated 09.08.1999, whereby the employee, who completed continuous 12 years service could be entitled for financial upgradation under the said scheme. The Central Government, thereafter, introduced the Modified Assured Career Progression Scheme (in short 'MACPs') for financial upgradation on 19.05.2009. According to the said MACP, an employee will be entitled for the three financial upgradation after completion of 10, 20 and 30 years of continuous service.

(2.) THE plea of the applicant is that he became eligible for 1st ACPs in 2000 and for 2nd MACPs in 2010. The applicant made representations on 17.08.2008 and 19.07.2010. The grievance of the applicant is that the applicant became entitled for 1st ACPs in 2000, but the same was refused to him illegally. The applicant became entitled for 2nd MACPs benefit in 2010 and the same was also refused to him illegally.

(3.) THE respondents have filed their Reply and the contentions of the respondents are inter -alia that the ACP Scheme was introduced on 09.08.1999 for the Central Government Civil Employees. The applicant refused vacancy based promotion of his regular service to the post of Mechanical Assistant with effect from 03.08.1998 vide office order dated 30.07.1998 on personnel ground, as such in terms of clarification to the point of Doubt No. 38 of DoPT OM No. 35034/1/97 -Estt. (D)(Vol. IV) dated 18.07.2001 as Annexure R -2, the applicant could not be said to be stagnating in the same post. According to the said clarifications read with the ACP Scheme, the applicant will not be eligible for financial upgradation under the ACP Scheme, since he was offered regular promotion, which he refused for his personal reasons. The Modified Assured Career Progression Scheme was made operational with effect from 01.09.2008 vide DoPT OM dated 19.05.2009. According to the MACP Scheme, career of an employee is assured for three financial upgradation on hierarchy of Pay Band and Grade Pay after completion of 10, 20 and 30 years of service. The applicant case was due for 2nd financial upgradation in the Pay Band of Rs. 9,30,034,800/ - plus GP 4,200/ - with effect from 11.01.2011 under the MACP Scheme as he accepted the promotion and joined the promotional post on 11.01.2011 under MACP Scheme as Mechanical Assistant under the clarifications to the point of Doubt No. 25 of DoPT OM dated 19.05.2009. The applicant has no case for first upgradation under ACP Scheme in view of the clarifications to the point of Doubt No. 38 of DoPT OM dated 18.07.2001.