This petition is directed against the orders dated 08.01.2014 passed by the Inspector General, Head Office of Central Industrial Security Force as well as subsequent order dated 03.10.2015 passed by the Commandant, Agra Unit of C.I.S.F. declining to grant third promotional pay scale under MACP Scheme to the petitioner on the ground that the petitioner had failed to secure bench mark required for regular promotion and, therefore, the delay occasioned in that regard has to be maintained while considering grant of promotional pay scale.
Various arguments are urged in order to impeach the decision. It is submitted that the authorities have not correctly applied the MACP Scheme. It is submitted that entitlement in terms of MACP Scheme once had crystallized with satisfactory working of 20 years, the authorities could not deny benefit of promotional pay scale under the MACP Scheme only because petitioner had belatedly secured bench mark for regular promotion.
Along with rejoinder affidavit a subsequent circular of Director General dated 01.10.2016 has been annexed, in which norms for grant of promotional pay scale under ACP Scheme appears to have been further rationalized and the system of assigning marks with respect to particular ACR/APAR grading is dispensed with. It is admitted that the petitioner's claim is required to be considered in light of the circular dated 01.10.2016. It is also urged that in view of the respondents' own statement in the counter affidavit, the petitioner was entitled to such benefit w.e.f. 01.02.2017. Submission is that denial of promotional pay scale in the facts and circumstances of the case is not justified.
I have heard learned counsel for the petitioner and Sri R.P. Srivastava for the respondents and perused the material on record.
From the facts, as have been noticed above, it is apparent that the norms for grant of promotional pay scale under the MACP Scheme have since been rationalized vide circular dated 01.10.2016. This circular appears to have been issued on the basis of various representations received at the level of Directorate highlighting the difficulties faced by the employees in the matter of grant of promotional pay scale. The authorities, having issued revised guidelines, are expected to examine the petitioner's claim with reference to such circular. Even otherwise petitioner's entitlement to grant of third promotional pay scale from the year 2017 does not appear to be disputed by the respondents themselves in the counter affidavit.
In that view of the matter this petition is disposed of with a direction upon respondent no. 4 to accord consideration to petitioner's claim for grant of third promotional pay scale under MACP Scheme, keeping in view the circular issued on 01.10.2016, or any subsequent circular that may be applicable, within a period of three months from the date of presentation of a copy of this order. Order of the Commandant dated 03.10.2015 shall remain subject to the fresh orders to be passed by the concerned authority.
Order Date :- 19.2.2021 Pkb/