J. P. Mandal vs The Union Of India And Ors
2023 Latest Caselaw 52 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9414 of 2017
     ======================================================

J. P. Mandal Son of Late D.P. Mandal Ex - Assistant Director Recruitment Office of the Chief Post Master General, Bihar Circle, Patna, Resident of Village - Kahalgaon Tola, PO - Khawaspur, P.S. - Pirpainti, District - Bhagalpur, Pin Code - 813209 Bihar at present residing at House No. 417 D, Ram Nagari More, P.O. Ashiyana Nagar, P.S. - Rajeev Nagar, Town and District - Patna, Pin Code - 800025 Bihar.

... ... Petitioner/s Versus

1. The Union Of India through the Director General of Post, Ministry of Communication, Department of Post, Sanchar Bhawan, New Delhi.

2. The Chief Postmaster General, Bihar Circle, Patna.

3. The Director, Postal Service HQ, Office of the Chief Post Master General, Bihar Circle, Patna.

4. The Director, Accounts of Post, Patna Bihar.

5. The Assistant Director (Staff and Rectt.), Office of Chief Post Master General, Bihar Circle, Patna, Bihar.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 3129 of 2017 ======================================================

1. The Union Of India through the Director General of Post, Ministry of Communication, Department of Post, Sanchar Bhawan, New Delhi.

2. The Chief Postmaster General, Bihar Circle, Patna

3. The Director, Postal Services HQ , Office of the Postmaster General, Bihar Circle, Patna

4. The Director, Accounts of Post, Patna, Bihar

5. The Assistant Director (Staff and Rectt.), Office of Chief Post Master General, Bihar Circle, Patna, Bihar.

... ... Petitioner/s Versus J. P. Mandal Son of Late D.P. Mandal, office Superintendent HSG - I , office of the Chief Postmaster General, resident of village - Kahalgaon Tola, P.O. Khawaspur, P.S. Pirpainti, District - Bhagalpur, Bihar ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 9414 of 2017) For the Petitioner/s : Mr. M. P. Dixit, Advocate Mr. S. K. Dixit, Advocate Mr. S. K. Choubey, Advocate Mrs. Swastika, Advocate For the Respondent/s : Mr. Sujeet Kumar Sinha, CGC (In Civil Writ Jurisdiction Case No. 3129 of 2017) For the Petitioner/s : Mr. Rakesh Kumar Sinha, CGC For the Respondent/s : Mr. M. P. Dixit, Advocate Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 03-01-2023

Heard learned counsels for the parties.

2. In the instant writ petition, petitioner- J.P. Mandal has

assailed the order of the Central Administrative Tribunal, Patna

Bench, Patna (for short 'CAT') dated 28.07.2016 passed in O.A.

No. 341 of 2012.

In the original application filed before the CAT,

petitioner has prayed for the following reliefs:-

"8.1 That your Lordships may graciously be pleased to quash and set aside the impugned order dated 17.02.2012 as contained in Annexure-A/7 together with the order dated 26.03.2012 as contained in Annexure-A/9.

8.2 That your Lordships may further be pleased to direct/command the Respondents to grant the benefit of Grade Pay of Rs. 5,400/- with effect from 01.01.2006, Grade Pay of Rs. 6,600/-, Grade Pay of Rs. 7,600/- and Grade Pay of Rs. 8,700/- with effect from 01.09.2008 under M.A.C.P. Scheme.

8.3 That your Lordships may further graciously be pleased to direct/command the Respondents to grant the Grade Pay of Rs. 4,800/- and Rs. 5,400/- instead of Rs. 4,600/- with effect from 01.01.2006 under Normal Replacement and thereafter Grade Pay of Rs.6,600/-, Grade Pay of Rs. 7,600/- and Grade Pay of Rs. 8,700/- under Financial Upgradation under M.A.C.P. Scheme as already prepared by the Applicant on the basis of the Rules & Instructions as shown in Annexure-A/5 without any further delay.

8.4 That your Lordships may further be pleased to direct/command the Respondents to grant Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

all consequential benefits including revision/ fixation of pay with arrears and statutory interest thereupon.

8.5 Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicant."

3. The Tribunal has allowed the Original Application in

part in so far as granting third MACP benefit to the petitioner- J. P.

Mandal.

4. The Union of India -Postal Department filed C.W.J.C.

No. 3129 of 2017 against the order of the CAT dated 28.07.2016

passed in O.A. No. 341 of 2012, in so far as granting third

M.A.C.P. to the petitioner- J.P. Mandal.

5. Brief facts of the case are that petitioner J.P. Mandal

was initially appointed to the post of Postal Assistant on

01.03.1975. He was extended benefit of Higher Selection Grade-II

with effect from 26.06.1993 on 16.09.1994. Further he was

extended Lower Selection Grade on 07.03.1995 with effect from

17.06.1988. Similarly, he was extended B.C.R. and T.B.O.P. in the

Lower Selection Grade with effect from 17.05.2000. As on

17.05.2000 he was in the pay scale of Rs. 5000/- to 8000/- and it

was revised on 30.03.2001 @ Rs. 6,500/-10,500/-. On 13.11.2009,

he had benefit of upgradation @ Rs. 7450/- to Rs. 11,500/- and

also benefit of revised pay @ Rs. 9300/- to Rs. 34800/- in the

Grade Pay of Rs. 4600/-. Such a benefit has been assigned on the

petitioner with effect from 01.01.2006. Thereafter, he has earned Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

promotion to the post of Assistant Director (Recruitment) on

14.06.2013. He has attained the age of superannuation and retired

from service on 31.01.2014. Whereas MACP Scheme was issued

on 18.09.2009 with effect from 01.09.2008. In this backdrop,

whether petitioner is entitled to first, second and third MACP or

not? The CAT examined whether the petitioner is entitled to first,

second and third MACP or not. Having regard to the service

particulars of the petitioner narrated in paragraph Nos. 12 and 13,

the Tribunal proceeded to extend third MACP benefit to the

petitioner.

6. Learned counsel for the Respondent-Department who

have filed independent writ petition in so far as extending third

MACP to the petitioner J.P. Mandal.

7. Core issue involved in the present litigation is how

the criteria insofar as granting MACP is required to be examined

with reference to the Scheme, namely, Official Memorandum

dated 18.09.2009 read with the salient features. Modified Assured

Career Progression Scheme for the Central Government Civilian

Employees is the subject matter of the Scheme. Scheme provides

illustration at Para-28 of the Scheme.

8. Learned counsel for the petitioner- J.P. Mandal

submitted that illustration is in respect of LDC whereas the post

held by the petitioner was Postal Assistant and it is equivalent to Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

UDC. To that effect he has not produced any material to show that

Postal Assistant is equivalent to UDC, therefore, illustration at

para 28 is not attracted is incorrect. However, the principle of the

illustration is required to be taken into consideration. MACP

would be extended with reference to grade pay. Petitioner J.P.

Mandal entered the grade pay for the first time @ Rs. 4600/- with

effect from 01.01.2006 notified on 13.11.2009 with reference to

revised pay scale at Rs. 9300/-to 34800/-. Before completion of

ten years, he has earned promotion to the post of Assistant

Director (Recruitment) on 14.06.2013 and he has attained age of

superannuation and retired from service on 13.01.2014. The

aforesaid material information has not been taken note of by the

CAT in so far as extending third MACP. To that extent the CAT

has committed error, therefore, the petitioner is not entitled to third

MACP.

9. The petitioner is not entitled to first and second

MACP for the reasons that his service particulars would reveal that

he had the benefit of Higher Selection Grade on 16.09.1994 with

effect from 26.06.1993, Lower Selection Grade with effect from

17.06.1988 on 07.03.1995, further he has earned BCR/TBOP on

17.05.2000. For the first time he has entered Grade Pay on

01.01.2006, therefore, he is not entitled to first MACP and second

MACP in the light of para-1 of salient features (Annexure-I) of the Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

MACP Scheme. Para-1 reads as under:-

"1. There shall be three financial upgradation under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay."

The aforementioned is one of the criteria to determine

whether the Central Government employee is entitled to MACP

benefit or not.

10. Moreover, reading of the entire MACP Scheme,

nowhere it is stated that upgradation does not amount to promotion

so as to extend MACP benefit to the petitioner even though he has

earned upgradation from time to time.

11. In the light of these facts and circumstances,

Petitioner- J.P. Mandal has not made out a case so as to extend

first and second MACP benefit as claimed by him. Similarly, grant

of third MACP by the CAT is not in accordance with the criteria

and the CAT has not taken note of the fact that Petitioner- J.P.

Mandal has earned promotion to the post of Assistant Director

(Recruitment) on 14.06.2013. In other words, from 01.09.2008 he

has not completed 10 years of service in any of the post and so

also in the post of Assistant Director (Recruitment) for the reasons

he has attained age of superannuation and retired from service on

31.01.2014. At any given point of time he was not stagnated in a Patna High Court CWJC No.9414 of 2017 dt.03-01-2023

particular cadre for about 10 years so as to extend MACP benefit

as a first, second or third MACPs.

12. In view of the aforesaid facts and circumstances,

petitioner-Union of Indian-Postal Department has made out a

prima facie case, so as to interfere with the order of the CAT dated

28.07.2016 passed in O.A. No. 341 of 2012, which stands set

aside.

13. Accordingly, C.W.J.C. No. 3129 of 2017 stands

allowed and C.W.J.C. No. 9414 of 2017 filed by Petitioner -J.P.

Mandal stands dismissed.

                                                 (P. B. Bajanthri, J)


                                                ( Arun Kumar Jha, J)

Rakhi/Ashish
AFR/NAFR
CAV DATE                NA
Uploading Date          10-01-2023
Transmission Date