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The Division Bench, comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh, examined the record and observed that there was no evidence to show that the post of Hindi Instructor was a feeder cadre for the post of Hindi Officer. The Bench noted that the creation of the Hindi Officer post and the simultaneous abolition of the Hindi Instructor post occurred on the same date, leaving no scope for a promotional avenue. The Court further observed that the Sixth Central Pay Commission had indeed merged the pay scales of the two posts, making the grade pay identical at the relevant time. Accordingly the post of Hindi Officer was not a promotional post within the meaning of the MACP Scheme.

On the basis of these findings the Court held that the employee’s appointment as Hindi Officer did not constitute a promotion and therefore could not be disregarded for the purpose of MACP financial upgradations. The Bench concluded that the employee was entitled to the first financial upgradation in the grade pay of Rs 6600 with effect from 1 September 2008, the second upgradation in the grade pay of Rs 7600 with effect from 1 September 2008 and the third upgradation in the grade pay of Rs 8700 with effect from 14 November 2014 upon completion of thirty years of regular service. The direction of the Tribunal to grant all three upgradations was upheld and the writ petition filed by the Union of India was disposed of.

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The decision clarifies that a mere change of designation consequent to the abolition of an earlier post and the creation of a new post, where the pay scales have been merged under a pay commission, does not amount to a promotion for MACP purposes. It reinforces the principle that financial upgradations under the MACP Scheme are to be determined solely on the basis of length of service and stagnation in a post, without being affected by nomenclatural changes that do not involve a genuine advancement in rank or responsibility. The ruling will have a bearing on similar cases where employees are moved to newly created posts following the abolition of their existing cadres, particularly in central government establishments.