When does the clause ignoring earlier promotions to grades that now carry the same grade pay apply?

Only where a pay anomaly has arisen. Clause (5) addresses the situation in which a revision of pay scales pursuant to the Sixth Pay Commission left the employee in the same grade pay with no upward monetary benefit — that is, anomalies arising from the merger of pay scales or the upgradation of posts. It does not apply in the ordinary case where upgradations fall due under Clause (1) on completion of 10, 20 and 30 years.

Modified Assured Career Progression Scheme — Clause (1) — Clause (5) — Financial upgradation — Pay anomalies — Prospective operation — Modified Assured Career Progression Scheme — Clause (1) — Upgradation on 10, 20 and 30 years from the entry grade — Held: The Scheme provides three financial upgradations counted from the direct entry grade on completion of 10, 20 and 30 years, and an upgradation is admissible whenever an employee has spent ten years continuously in the same grade pay. (¶11, ¶13) Modified Assured Career Progression Scheme — Clause (5) — Confined to pay anomalies — Held further: Clause (5), which ignores earlier promotions to grades now carrying the same grade pay, addresses anomalies arising from merger of scales or upgradation of posts; it does not apply where upgradations fall due under Clause (1). (¶15, ¶16, ¶17) Modified Assured Career Progression Scheme — Prospective operation — No benefit before the Scheme existed — Held further: A scheme operates prospectively from the date it came into force, and no benefit can be claimed for years in which it did not exist; the third upgradation runs ten years from the accepted date of the second. Petitions allowed. (¶24, ¶26, ¶27)

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