it2025_00531 — Applicant, a Machinist in Army Base Workshop, due to clarification given in hierarchy of Grade Pays is entitled for the Grade Pay of ₹ 4,600 when he obtained the second upgradation under the MACP and was entitled to ₹ 4,800 in third upgradation under MACP due to his not getting promotion during this period. Hence question of recovery for the reported excess payment does not arise

Applicant, a Machinist in Army Base Workshop, due to clarification given in hierarchy of Grade Pays is entitled for the Grade Pay of ₹ 4,600 when he obtained the second upgradation under the MACP and was entitled to ₹ 4,800 in third upgradation under MACP due to his not getting promotion during this period. Hence question of recovery for the reported excess payment does not arise — The chunk is discussing a clarification issued on February 6, 2014, which concerns Machinist HS and MCM employees who were already drawing the pay scale of Chargeman (₹ 5,000-8,000) before December 3... — Facts: Applicantjoined in Respondent's organization on 2-5-1981 as skilled Machinist in III CPC pay scale of ₹ 260-350 and further promoted in various scales. He was elevated as Master Craftsman (MCM) although not in promotional hierarchy and without any change in pay scale as he was already in the MCM pay scale after getting the first ACP. "In order to mitigate stagnation faced by employees due to lack of promotional avenues, financial upgradation under ACP / MACP Scheme cannot be more than what can be allowed to an employee on his normal promotion. It may be clarified that placement of Highly Skilled Grade as Master Craftsman prior to 1-1-2006 is to be treated as one promotion for purpose of MACP benefits" as per the clarification, dated 14-6-2010. It is enough if the final observation / decision of the Tribunal is noted in this case. Although the letter of Respondents, dated 23-7-2012 as per clarification which was reproduced in the judgment, Para. 2

(b) is relevant which had been reproduced above and Para. 1

(ii) of letter, dated 6-2-2014 would support the stand of the Respondents, reference is to be made to Para. 2 of Instructions, dated 6-2-2014 whereby Machanist HS and MCM who are already drawing the pay scale of Chargeman ₹ 5,000-8,000, the promotion post up to 31-12-2005, after which MCM was bought into the promotional hierarchy and who had obtained this pay scale of Chargeman under ACPS by financial upgradation would be considered for further financial upgradation, if due in the next Grade Pay of ₹ 4,600 in the hierarchy of Grade Pays. This clarification has been issued in consultation with DoP&T and the Department of Expenditure and is a re-consideration of the previous letter, dated 23-7-2012 (That letter is available at Page. 5 of the judgment) which, for reasons cited, has not been properly displayed in the Annexure R-3 enclosed by Respondents and does not speak very well of their intentions in this matter. In these circumstances, it is quite apparent that the Applicant was entitled, when due, for Grade Pay of ₹ 4,600 in the hierarchy of Grade Pays when he obtained the second upgradation under the MACP and was entitled to ₹ 4,800 in the third upgradation under MACP since he remained without promotion during this period. Therefore, the question of any recovery does not arise".