Kerala High Court

Union Of India vs P. Sulaiman on 2 April, 2025

Author: Amit Rawal

Bench: Amit Rawal

                                                 2025:KER:33937
OP (CAT) NO. 114 OF 2017
                                 1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                 &

          THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

  WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA,

                                1947

                      OP (CAT) NO. 114 OF 2017

AGAINST THE ORDER DATED 03.06.2016 IN OA NO.35 OF 2015 OF

      CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONERS/RESPONDENTS 1 & 2:

     1      UNION OF INDIA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
            OF INDIA,MINISTRY OF AGRICULTURE & FARMERS
            WELFARE,DEPARTMENT OF ANIMAL HUSBANDRY,DAIRYING
            & FISHERIES,KRISHI BHAVAN,NEW DELHI-110001.

     2      THE DIRECTOR
            CENTRAL INSTITUTE OF FISHERIES,NAUTICAL AND
            ENGINEERING TRAINING,(CIFNET),MINISTRY OF
            AGRICULTURE & FARMERS WELFARE,DEPARTMENT OF
            ANIMAL HUSBANDRY,DAIRYING & FISHERIES,FORESHORE
            ROAD,KOCHI-682016.

            BY ADVS.
            SRI.N.NAGARESH, ASSISTANT SOLICITOR GENE
            SRI.T.V.VINU, CGC


RESPONDENT/APPLICANT:

            P. SULAIMAN
            S/O.LATE P.M.YOSUF,RETIRED AS SENIOR
            INSTRUCTOR(FT)FROM CENTRAL INSTITUTE OF
                                                            2025:KER:33937
OP (CAT) NO. 114 OF 2017
                                     2

             FISHERIES NAUTICAL AND ENGINEERING
             TRAINING,FORESHORE ROAD,KOCHI-16 AND RESIDING
             AT PANIKKA VEEDU,MALIPPURAM.P.O,KOCHI-682511.


             BY ADVS.
             SMT.S.LAKSHMY
             SRI.SHAFIK M.A.



             T.V.Vinu-CGC


      THIS    OP   (CAT)    HAVING       COME   UP   FOR    ADMISSION    ON
02.04.2025,      THE   COURT   ON    THE    SAME     DAY   DELIVERED    THE
FOLLOWING:
                                                      2025:KER:33937
OP (CAT) NO. 114 OF 2017
                                  3

                             JUDGMENT

K. V. JAYAKUMAR, J.

Feeling aggrieved by the order of the Central

Administrative Tribunal, Ernakulam Bench in OA No.35/2015

dated 03.06.2016. Union of India and its officers preferred this

OP(CAT). Facts necessary for the disposal of this OP(CAT) in

brief are enumerated hereunder:

2. The respondent/applicant, P.Sulaiman, knocked the

doors of the Central Administrative Tribunal claiming 3 rd

financial upgradation under the Modified Assured Career

Progression (MACP) scheme. On the completion of 30 years of

service, the respondent joined the service as Junior Marketing

Assistant on 30.11.1977 and was promoted to the post of

Fishery Assistant on 26.04.1989.

3. On 30.11.2011, the applicant was granted the 2 nd

MACP. The respondent was promoted as Fishery Officer with

effect from 30.09.2004 in the same scale.

4. Consequent to the re-organization, the applicant was

transferred to the Central Institute of Fisheries, Nautical and

Engineering Training (CIFNET) and joined on 01.10.2005. The 2025:KER:33937 OP (CAT) NO. 114 OF 2017

respondent continued there till his retirement on

superannuation on 30.11.2012.

5. The grievance of the respondent/applicant was that,

eventhough the 3rd MACP was granted to him in October 2010

with effect from 01.09.2008, later it was withdrawn. The scale

of pay of the respondent was equated at par with that of

Senior Instructor (FT) at the instance of the Tribunal. As per

the 6th CPC, the promotion earned are to be ignored when the

scale to which the promotion is granted subsequently got

merged. Therefore, the respondent claimed the benefit of the

3rd MACP in the Grade Pay of Rs.6,600/- from 30.11.2007.

6. The contention of the petitioners, Union of India and

its officers was that the 2nd financial up gradation under the

MACP scheme was granted ignoring the promotion to the post

of Fishery Officer. Further, the 3 rd MACP was granted to the

hierarchy of the revised Pay Band and Grade Pay, as the

applicant completed 30 years of service.

7. The tribunal noticing the rival contentions of the

counsel for the parties allowed the original application and

directed the petitioners to pass appropriate orders granting

the 3rd financial up gradation under the MACP Scheme with 2025:KER:33937 OP (CAT) NO. 114 OF 2017

effect from 01.09.2008 in the scale in PB-3 Rs.15,600/- -

Rs.39,100/- with Grade Pay of Rs.6,600/-.

8. Aggrieved by the order of the Central Administrative

Tribunal, Union of India preferred this OP(CAT).

9. Sri.T.V.Vinu, the learned Central Government Counsel

submitted that the impugned order is illegal and

unsustainable. Sri.T.V.Vinu submitted that the respondent has

earned 3 promotions and one financial up gradation in his

career of 35 years, from 30.11.1977 to 30.11.2012. The

benefits flowing from ACP and MACP schemes are not a part of

the pay structure under the statutory rules, but are incentives

or concessions brought out through schemes. When

concessions having financial implications are granted by the

Central Government, widening the scope of such concessions

by judicial interpretation would invite unexpected burden on

the public exchequer. Sri.T.V.Vinu further submitted that

financial up gradations under ACP/MACP are not a condition of

service guaranteed by statutory rules but a concession

extended to the employees who are stagnating in a particular

post for want of regular promotion. Sri.T.V.Vinu further

submitted that the tribunal has exceeded its jurisdiction by 2025:KER:33937 OP (CAT) NO. 114 OF 2017

widening the scope of ACP/MACP.

10. We have heard the rival submissions of the counsel

for the parties and appraised the paper book.

11. The tribunal noticing the rival submissions of counsels

for the parties allowed the claim of the respondent/applicant.

It would be worthwhile to extract the relevant paragraphs of

the order of the Central Administrative Tribunal.

"5. Even in the reply statement the respondents admitted the fact that pursuant to the order passed in Annexure A1 (OA 74/2009) the pay of the applicant was fixed in the pre revised scale of Rs. 8000-13500 .w.e.f. 1.10.2005. It is also not disputed that the applicant was later promoted to a post in PB-3 with a GP of Rs. 5400/-. The applicant contends that though the respondents had acceded to the request of the applicant to upgrade the pay of the applicant or to absorb the applicant as Sr. Instructor, the said proposal was rejected by the Ist respondent. It is pointed out that as per the recommendation of the 6th CPC though the scale of pay of Rs. 5000-8000 5500-9000 and 6500- 10500 in the pre-revised scale were merged, but the scale of pay of the post which the applicant was holding was upgraded to Rs. 7540-11500 w.e.f. 1.1.2006. Respondents also admit the fact that since the applicant was promoted to the post of Sr. Instructor (FT) in PB-3 Rs. 15600- 39100 with GP of Rs. 5400/- and as he continued till he retired on 30.11.2012, the earlier financial up gradation of the applicant has to be ignored and he has to be granted the financial up 2025:KER:33937 OP (CAT) NO. 114 OF 2017

gradation under the MACP Scheme. In other words, since the applicant was placed in GP Rs. 5400/- w.e.f. 1.10.2005 consequent on the order passed in OA 74/209 and since the applicant had completed 30 years of service before 1.9.2008 when the MACP scheme was brought into force the applicant would be entitled to get the 3rd MACP as he had completed 30 years of service before 1.9.2008. But he would be entitled to get the benefit of 3rd MACP only w.e.f 1.9.2008 when the MACP Scheme was brought into force. The applicant is entitled to get the 3 rd financial up gradation to PB3 Rs. 15600-39100 with GP of Rs. 6600/- w e.f..1.9.2008. The learned counsel for the respondents wanted to keep the matter pending till an order is passed by the DOP&T. Considering the fact that there was placement of the applicant in PB-3 Rs.15600-39100 with GP of Rs. 5400/- based on the earlier order passed by this Tribunal in OA 74/2009 and since the applicant had admittedly completed 30 years even before coming into force of MACP scheme, the claim made by the applicant for financial benefit under 3rd MACP cannot be denied. Therefore, we allow the Original Application holding that the applicant is entitled to get the 3rd financial up gradation under the MACP Scheme w.,e.f 1.9.2008 in the scale in PB-3 Rs. 15600-39100 with Grade Pay of Rs. 6600/-. Respondent will pass appropriate orders and will pay the amount due to the applicant within three months from the date of receipt of a copy of this order. No order as to costs."

12. On perusal of the records and upon hearing the

submissions of the counsels for the parties, we do not find any

illegality or perversity in the order of the Central 2025:KER:33937 OP (CAT) NO. 114 OF 2017

Administrative Tribunal, warranting the interference of this

Court under Article 227 of the Constitution of India. The

tribunal has evaluated the questions of fact and law in correct

perspective and arrived at a proper conclusion in our way. No

ground for interference is made out.

The OP(CAT) fails and is dismissed.

Sd/-

AMIT RAWAL JUDGE

Sd/-