Patna High Court
The Union Of India, Through The ... vs Om Prakash Singh on 20 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17698 of 2024
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1. The Union of India, through the Secretary, Ministry of Communication,
Government of India P.S. Sansad Marg, Dak Bhawan, District - New Delhi
110001
2. The Director General, Department of Posts, Government of India, P.S.
Sansad Marg, Dak Bhawan, District- New Delhi 110001
3. The Chief Postmaster General Bihar Circle, Meghdoot Bhawan, G.P.O.
Complex, P.S. Kotwali, District Patna- 800001,
4. The Director Accounts (Patna), Bihar Circle, G.P.O. Complex, P.S. Kotwali,
District Patna - 800001.
5. The Senior Superintendent of Railway Mail Services, Patna Division, P.S.
Kotwali, District, Patna - 800004.
6. The Chief Postmaster, P.S. Kotwali, District Patna G.P.O. - 800001.
7. The Head Record Officer, HRO, RMS, Patna Division, P.S. Kotwali, District
Patna - 800004.
... ... Petitioner/s
Versus
1. Om Prakash Singh Son of Late Ayodhya Singh Resident of Flat No. 302,
Ranjan Plaza Apartment, Near Jhunjhun Mahal, New Yarpur, Patna, PIN-
800001, Mobile NO.-9430935498, email id [email protected].
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 20-03-2025
In the instant writ petition, petitioners/postal department
have assailed the order of the Central Administrative Tribunal,
Patna Bench, Patna (hereinafter referred to as 'CAT') dated
06.05.2024
passed in O.A. No. 050/00361 of 2020. Respondent -
Patna High Court CWJC No.17698 of 2024 dt.20-03-2025
Om Prakash Singh had a grievance insofar as extending benefit of
second and third MACP and it was allowed in his favour, thus,
postal department has preferred the present writ petition.
2. Brief facts of the case are that respondent - Om
Prakash Singh was initially appointed as Sorting Assistant in the
postal department on 03.11.1976. He has earned promotion to the
post of Inspector Railway Mail on 26.02.1992. On 09.08.1999
ACP scheme was introduced by which the respondent - Om
Prakash Singh has been extended benefit of second ACP on
03.11.2000 while taking note of that he has served 24 years of
service in the pay scale of Rs. 6500-10500. Thereafter, he has
earned one more promotion to the post of Assistant Superintendent
Railway Mail on 20.03.2006. The government introduced MACP
scheme on 19.05.2009 which is effective from 01.09.2008. The
respondent - Om Prakash Singh has been extended benefit of third
MACP in the grade pay of Rs. 4800 on 06.06.2009, thereafter, he
has attained age of superannuation and retired from service on
31.12.2013. When things stood thus government has taken a policy
decision insofar as upgradation on 24.10.2017 in respect of grade
pay of Rs. 4200 to Rs. 4600 with retrospective effect from
01.01.2006. If retrospectivity of upgradation of pay from
01.01.2006 notified on 24.10.2017 is required to be implemented,
Patna High Court CWJC No.17698 of 2024 dt.20-03-2025
in that event respondent - Om Prakash Singh is beneficial to the
extent of his upgradation with effect from 01.01.2006 from Rs.
4200 grade pay to that of Rs. 4600 grade pay, thereafter, he is
entitled for consequential benefits including second and third
MACP.
3. Learned counsel for the petitioners submitted that
CAT has committed error in not taking note of Modified Assured
Career Progression Scheme (MACPS) Official Memorandum
dated 19.05.2009 read with Annexure - I, i.e., Paragraph No. 8. It
is submitted that CAT has taken note of only paragraph No. 5. If
Paragraph No. 8 is taken into consideration, in that event
respondent - Om Prakash Singh has earned two promotions to the
post of Inspector Railway Mail and Assistant Superintendent of
Railway Mail on 26.02.1992 and 20.03.2006 respectively,
therefore, he is not entitled to benefit of second MACP and third
MACP pursuant to the upgradation of grade pay from Rs. 4200 to
Rs. 4600 notified on 24.10.2017 with effect from 01.01.2006.
4. The aforementioned contention is not acceptable that
upgradation of grade pay from Rs. 4200 to Rs. 4600 has been
given effect from 01.01.2006 while notifying on 24.07.2017,
respondent - Om Prakash Singh's right has accrued to claim
upgradation of pay of Rs. 4600 from Rs. 4200 with effect from
Patna High Court CWJC No.17698 of 2024 dt.20-03-2025
01.01.2006. Resultantly, he has the benefit of ignoring the
promotion granted on 26.02.1992 and 20.03.2006. By virtue of
upgradation of pay of Rs. 4200 to Rs. 4600 on 24.10.2017 with
effect from 01.01.2006. In the official memorandum dated
19.05.2009 (MACP Scheme), in particularly, Paragraph No. 8
would not assist the petitioners/postal department. The later policy
decision of the government insofar as upgradation of grade pay
from Rs. 4200 to Rs. 4600 with retrospective effect from
01.01.2006 has consequential effect and right has been created to
certain class of persons. Respondent - Om Prakash Singh is one of
the beneficiary of upgradation read with the scheme of MACP
notified on 19.05.2009 with effect from 01.09.2008. In view of the
later development of upgradation of pay, the petitioners / postal
department have not made out a case so as to interfere with the
CAT order dated 06.05.2004 passed in OA No. 050/00361 of 2020.
Accordingly, writ petition stands dismissed.
(P. B. Bajanthri, J)
(Alok Kumar Sinha, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.03.2025
Transmission Date NA
