Ad Hoc Service Cannot Be Counted For Financial Upgradation Under ACP And MACP Scheme: Kerala High Court
The Kerala High Court held that an ad hoc service cannot be counted for financial upgradation under the Assured Career Progression (ACP) Scheme and Modified Assured Career Progression (MACP) Scheme.
The Court held thus in an original petition filed by the Union of India against an order passed by the Central Administrative Tribunal (CAT).
A Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed, “There is no dispute to the fact that the applicant’s service was regularised only with effect from 16.02.1983. As seen from the ACP and the MACP Scheme, ad hoc service cannot be counted for financial upgradation. ACP Scheme envisages two financial upgradation on completion of 12 years and 24 years of service subject to conditions of regular service. Para 3.1 of the ACP scheme provides that certain categories of employees such as casual employees, ad hoc and contract employees shall not qualify for benefits under the ACP Scheme.”
DSGI S. Manu and CGC K.S. Prenjith Kumar represented the petitioners while Advocate C.S. Gopalakrishnan Nair represented the respondent.
In this case, the respondent person approached CAT for a declaration that he was entitled to 2nd financial upgradation under ACP Scheme in the pay scale of Bosun and to 3rd financial upgradation under the MACP Scheme and the same was allowed. He entered service as a Cook in the office of the Deputy Director, Cochin based on the Exploratory Fisheries Project, Kochi in 1982 and was appointed as a Junior Deckhand on a regular basis in 1993. He was then promoted as Senior Deckhand and according to him, he was eligible for 2nd financial upgradation on completion of 24 years of service.
He was given the aforesaid financial upgradation and the post of Bosun (uncertified) was created but then on competition of 30 years, he asked for the 3rd financial upgradation under MACP Scheme. The authority contended that the ad hoc service rendered between 1982-1983 cannot be reckoned for financial upgradation as he was appointed as a Cook on June 18, 1982 and was regularised with effect from February 16, 1983.
The two questions that arose before the High Court for its consideration were:
1. Whether the applicant is entitled to the pay attached to Bosun (certified); and
2. Whether he is entitled to 3rd financial upgradation under the MACP Scheme with effect from June 17, 2012?
The High Court while considering the above questions noted, “In this case, we specifically note that the ACP Scheme itself stipulates that the employee must fulfil normal promotional norms. In such circumstances, without fulfilling the educational qualifications prescribed for the post of Bosun (Certified), the applicant is not entitled to claim promotion to the post of Bosun (certified).”
The Court further noted that the MACP Scheme grants financial upgradation at intervals of 10, 20 and 30 years and under this scheme also, employees appointed on ad hoc basis are excluded from such benefits. It said that the Tribunal proceeded to reckon initial appointment on ad hoc basis for calculating financial upgradation under the MACP Scheme and hence, it committed an error in allowing the application.
Accordingly, the High Court allowed the original petition and set aside the order of CAT.
Cause Title- Union of India & Ors. v. P.K. Santhosh Kumar (Neutral Citation: 2023:KER:84079)
