IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.56730 OF 2017 (S-CAT) BETWEEN:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF POST, DAK BHAVAN, NEW DELHI – 110 001.
2. SENIOR SUPERINTENDENT OF RMS BENGALURU SORTING DIVISION, BENGALURU – 560 026.
3. CHIEF POST MASTER GENERAL, KARNATAKA CIRCLE, BENGALURU – 560 001. ... PETITIONERS (BY SRI.B PRAMOD, CGC ) AND:
D N RAMAMOHAN S/O LATE D.K.NAGENDRA RAO, AGED ABOUT 59 YEARS, WORKING AS SORTING ASSISTANT, BENGALURU CITY RMS, BENGALURU – 560 023.
RESIDING AT NO.56, WARD NO.7, NEAR VENUGOPAL FORT, DEVANAHALLI – 560 010 ... RESPONDENT (BY SMT.D N MAMATA, ADV. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.4.2017 AT ANNEX-A IN O.A.170 / 00579 / 2016 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU AND DECLARE IT TO BE ILLEGAL, ARBITRARY, NON SPEAKING ORDER AND CONTRARY TO MACP SCHEME.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J, made the following:
O R D E R The respondent joined the services of the petitioner on 02nd August, 1983 and has completed 33 years of service prior to the Modified Assured Career Progression (MACP) scheme coming into force. The case of the petitioner is that the respondent had already been granted three financial up- gradation (first by way of promotion, second and third by way financial up-gradation) while in service. The case of the petitioner is that the respondent had already been granted three financial up-gradation (first by way of promotion, second and third by way financial up-gradation). Hence, the learned counsel for the petitioner submits that the respondents are not entitled for any further financial up-gradation, as the MACP provides only for three financial up-gradation.
2. Learned counsel for the petitioner further submits that the order passed by the Central Administrative Tribunal directing the petitioner herein to consider the case of the respondents for third financial up-gradation under MACP scheme taking into account the service rendered in the cadre of Postal Assistant and to grant all consequential benefits from the date of eligibility and also directing to pass appropriate orders within a period of three months from the date of receipt of the said order, is contrary to the decision of this Court in the case of UNION OF INDIA v. M.G. SHIVALINGAPPA in Writ Petition No.57935 of 2017 which was disposed of by order dated 02nd August, 2018.
3. A co-ordinate Bench of this Court in the case of M.G. SHIVALINGAPPA (supra) has held that the stagnation for which the financial up-gradation is provided under the MACP Scheme cannot be applied when a promotion has been granted to the employee concerned. Thereafter, when the respondent was in the promoted post as per the scheme that was in vogue at that point of time, the Time Bound One Promotion (TBOP) had been granted to the respondent when the respondent was qualified for the same. Having considered similar position, the co-ordinate Bench has held that the order directing the petitioner to treat the case of the respondents as appointment with effect from the date in which they were promoted and thereafter grant the benefit of MACP Scheme would not be justified. The learned counsel brings to our notice that the said decision in M.G. SHIVALINGAPPA has been followed subsequently in the case of UNION OF INDIA v. SMT. R.K. KULKARNI in Writ Petition No.102322 of 2018, which was disposed of on 27th November, 2018.
4. We are in respectful agreement with the decisions of the Co-ordinate Benches. In the light of the above, Order Annexure-A dated 26th April, 2017 passed by the Central Administrative Tribunal in OA No.170.00579/2016 requires to be interfered with. The impugned order is accordingly set aside while reiterating the position as was done in the cases of M.G.
SHIVALINGAPPA and R.K. KULKARNI (supra). The petition is accordingly allowed.
Sd/- JUDGE lnn Sd/- JUDGE