Meghalaya High Court: The Division Bench of W. Diengdoh, J., and Revati Mohite Dere, CJ., set aside the writ petition objecting the entitlement of the benefits received by the respondent. The Court upheld the impugned order by Central Administrative Tribunal allowing the benefits of the schemes to the respondent as petitioners were not able to make out a case to set aside and quash the impugned order.
Background
The case revolving around the benefits received by deceased respondent (now substituted by his wife) ex-employee of the North Eastern Police Academy (NEPA) Umsaw, Meghalaya was objected on its entitlement. The respondent joined the said Academy as Hindi Instructor on 12 November 1984, in the pay scale of ₹470—₹750 per month. On 26 May 1998 post of Hindi Officer was created at NEPA in the scale pay of ₹6,500—₹10,500 by an order from Ministry of Home Affairs (MHA) resulting in simultaneous abolition of the existing post of Hindi Instructor. Pursuant to the order respondent was temporarily promoted and appointed to officiate as Hindi Officer with effect from 1 June 1998 in the scale pay of ₹6,500—₹10,500.
In the meantime, the Assured Career Progression (ACP) Scheme came into being on 9 August 1999. However, since the respondent had completed 12 years of service on 12 November 1996 and had been promoted to the post of Hindi Officer on 29 May 1998, he was therefore, not eligible to be granted 1st ACP.
A new scheme known as the Modified Assured Career Progression (MACP) Scheme, came into effect from 1 September 2008 replacing the earlier ACP Scheme by effectively providing 3 financial upgradations to employees on completion of 10, 20 and 30 years of service, respectively, if such employee is stagnated in the same post. The respondent having been promoted to the post of Hindi Officer in 1998 in a higher pay scale, he was thus entitled for his second financial upgradation under the MACP Scheme, with effect from 1 September 2008. Accordingly, vide relevant order dated 19 March 2012, the second financial upgradation was extended to the respondent in the pay band 2 with pay scale of ₹9300—₹34,800, plus grade pay of ₹4800, from, from 1 September 2008.
The MHA on 13 March 2014, in consultation with the Ministry of Finance decided to extend the grade pay of ₹5400 in pay band 3 with pay scale of ₹15,600—₹39,100 to Hindi Officer NEPA and to redesignate the post as Assistant Director, the same being made applicable to the respondent with effect from 1 January 2006. By so doing, the previous order dated 19 March 2012 extending second MACP to the respondent became automatically null and void.
It was reiterated by the petitioner that the respondent joined as Hindi Instructor in the year 1984 and subsequently promoted to the post of Hindi Officer from 1 June 1998, therefore if the date of reckoning for grant of financial upgradation under the ACP or MACP Scheme was to be counted from 16 November 1984, then he would no longer qualify for the 1st ACP, having completed 12 years of service on 16 November 1996, but would still be eligible to be considered for the 2nd and 3rd upgradation under the MACP Scheme which was done so.
The petitioner contended that the respondent was granted the 2nd MACP from 1 September 2008, having completed 10 years of service as Hindi Officer from 29 May 1998 to 30 May 2008. He would have completed another 10 years of service on 29 June 2018 and thus would be eligible for another upgradation but having superannuated on 1 September 2017. However, admittedly, the 3rd MACP was granted to him from 14 November 2014, which he was not otherwise entitled to.
The petitioner specified that the impugned order dated 15 October 2023 passed by the Central Administrative Tribunal (CAT) was liable to be set aside and quashed having failed to appreciate the facts and circumstances of the case of the deceased respondent vis-à-vis his entitlement to the related financial upgradations to which he is not entitled to.
The respondent submitted that the only consideration in this case would be whether his appointed as hindi officer as against the post of Hindi Instructor earlier held by him should be taken as a promotional appointment or not for the purpose of computation of his financial upgradation whether the date of reckoning would be the year 1984, the year he was initially appointed to the post or the year 1998, the year he was appointed as Hindi Officer.
Decision and Analysis
The Court after examining all the facts and submissions stated that it was not convinced by the reasoning and calculation, because of the fact that upon creation of the post of Hindi Officer, the respondent being appointed to such post from 1 June 1998, the earlier post of Hindi Instructor stands abolished with effect from such date. The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998.
The Court observed that apart from the reliance on Para 5 of the MACP Scheme would also confirm the fact that since there was a merger of pay scales in pay band-2 as per the 6th Central Pay Commission (CPC), admittedly, the pay scale of Hindi Instructor and Hindi Officer becoming the same at the relevant point of time, any notion that the post of Hindi Officer is a promotional post has to be dispensed with.
The Court held that the respondent is entitled to 1st financial upgradation in the grade pay of ₹6600 from 1 September 2008, 2nd upgradation in the grade pay of ₹7600 from 1 September 2008 and finally to the 3rd upgradation in the grade pay of ₹8700 from 14 November 2014 on accomplishment of 30 years of regular service. The Court set aside the petition and upheld the impugned order dated 15 October 2023 passed by the CAT.
[Union of India v. Veena Dhoundiyal, WP (C) No. 139 of 2024, decided on 5-6-2026]
*Judgment authored by: Justice W. Diengdoh
Advocates who appeared in this case:
For the Petitioners: N. Mozika, DSGI, K. Gurung, Advocate
For the Respondent: M. Chanda, Kumar Abhinandan, Advocates
