Deen Dayal, Dappar Vs. the Union of India, Through Secretary to Govt. of India, Ministry of Defence, New Delhi - Court Judgment

SooperKanoon Citationsooperkanoon.com/1149871
CourtCentral Administrative Tribunal CAT Chandigarh
Decided OnFeb-13-2014
Case NumberO.A.No.104/PB of 2013
JudgeTHE HONOURABLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER & THE HONOURABLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER
AppellantDeen Dayal, Dappar
RespondentThe Union of India, Through Secretary to Govt. of India, Ministry of Defence, New Delhi
Excerpt:
administrative tribunals act, 1985 - section 19 -  (oral). rajwant sandhu, member (a), j. 1. this original application has been filed under section 19 of the administrative tribunals act, 1985, seeking the following relief:- 8 (i). quash the letter / order no.604/ptr/dd/x/est dated 23.12.2008 (annexure a-1) passed by respondent no.3 and (annexure a-1/1) issued by respondent no.5, whereby claim of the applicant for grant of benefit of assured career progression scheme in the pay scale of rs.4000-6000 as 1st financial upgradation and then rs.4500-7000 (revised to rs.5000-8000) as second financial upgradation both w.e.f. 09.08.1999 and then benefit of third financial upgradation under macp w.e.f. 15.03.2001 has been rejected illegally and arbitrarily ignoring the fact that the re-classification (alleged promotion) of the applicant as painter was lost in oblivion as there was no change in the pay scale of the applicant due to subsequent merger of pay scales in so far as financial benefits is concerned and he remained stagnated without getting benefit of higher pay scale. (ii).quash the action of the respondents in not granting the applicant one increment each on his re-classification as painter w.e.f. 25.02.1977 in the pay scale of rs.210-290 (which of course lost its relevance after merger/upgradation of pay scales of feeder/promotional post) and w.e.f. 15.05.2001 when he was promoted to hs grade-i. (iii).issue direction to the respondents to grant the applicant benefit of two upgradations under acp scheme i.e. first in the pay scale of rs.4000-6000 w.e.f. 09.08.1999 and then second financial upgradation in the pay scale of rs.4500-7000 / 5000-8000 w.e.f. 09.08.1999 as he had completed 24 years of service prior to 09.08.1999 i.e. the date of introduction of acp scheme and also to grant him one increment each on his re-classification as painter w.e.f. 25.02.1977 and promotion as highly skilled grade-ii w.e.f. 15.05.2011 with all the consequential benefits of arrears of pay and allowances and interest @ 18% p.a. thereon from the date the amount became due till the date of actual payment. (iv). directions be issued to consider and grant the relief to the applicant as claimed by him and already granted to the similarly situated colleagues of the applicant extending the benefit of the judgment dated 15.02.2012 passed by this honble tribunal. 2. averment has been made in the oa that the applicant was initially appointed as cook in mahar regiment centre, pune w.e.f. 15.03.1971 in the pays scale of rs.75-110 and was transferred / posted to the respondent ammunition depot, dappar w.e.f. 08.10.1973 as mazdoor in the pay scale of rs.196-232. this pay scale was revised from time to time and it was revised to rs.2,550-4000 w.e.f. 01.01.1996. the applicant was re-classified as mazdoor w.e.f. 16.10.1973 in the pay scale of rs.196-232, as revised to rs.2550-4000 w.e.f. 01.01.1996. the applicant was re-classified (not promoted) as painter w.e.f. 25.02.1997 in the pay scale of rs.210-290, as revised to rs.2650-4400 w.e.f. 01.01.1996. reclassification is done on the same post and not on a higher post. however, on re-classification as painter in the pay scale of rs.210-290 on 25.02.1977, the pay of the applicant was not fixed correctly in as much as on counting of 5 increments @rs.3 per year, his pay should have increased from rs.196 to rs.211. but, the pay of the applicant was fixed at rs.210 at the minimum of the pay scale. copy of the pay fixation order dated 14.07.1977 is annexed as annexure a-2. the next channel of promotion for the category of the applicant i.e. painter is to the post of highly skilled grade-ii in and from the post of highly skilled grade-ii in the pay scale of rs.4000-6000 and from this post the next channel of promotion is to the post of chargeman grade-ii in the pay scale of rs.4500-7000 as subsequently revised to rs.5000-8000. the govt of india framed assured career progression scheme for the central government civilian employees under which persons stagnating on a particular post, without getting any promotion were to be granted at least two financial upgradations on completion of 12 and 24 years of service. copy of the scheme is annexed as annexure a-5. the applicant was due for grant of first acp in the pay scale of rs.4000-6000 on completion of 24 years of service in october, 1999 itself i.e. when the acp scheme was implemented. however, the applicant was not granted the due benefits of pay scale of rs.4000-6000 as first financial upgradation w.e.f. 09.08.1999 and again second financial upgradation in the pay scale of rs.4500-7000 / rs.5000-8000 although he remained without getting any promotion and pay scale of semi skilled as well as skilled category was made the same. the applicant was re-classified as painter grade-ii w.e.f. 15.05.2001 in the pay scale of rs.4000-6000. however, since the applicant was entitled to first financial upgradation in the pay scale of rs.4000-6000 w.e.f. 09.08.1999, the promotion in financial terms in 2001 would get merged w.e.f. 09.08.1999. the applicant is entitled to the pay scale of rs.4500-7000 subsequently revised to rs.5000-8000 as second financial upgradation and then third financial upgradation in the grade pay of rs.2800. 3. vide letter dated 27.10.2007 the respondent depot requested the lao (b), ambala cantt., that the applicant had completed 24 years of regular service on 25.02.2001 (through he had already completed such service as on 09.08.1999). he is thus entitled to first acp w.e.f. 09.08.1999 as painter in the pay scale of rs.4000-100-6000 and second acp on completion of 24 years of regular service as painter on 25.02.2001 in the pay scale of rs.5000-8000 (annexure a-9). the applicant was given the benefit of third financial upgradation in the pay scale of rs.5000-8000 as revised to pay band of rs.9300-34800 with grade pay of rs.2400/-. on completion of 30 years of service, the applicant became entitled to grant of benefit of third financial upgradation in the same pay band of rs.9300-34800 i.e. from grade pay of rs.2400/- to grade pay of rs.2800 which has been denied to him. 4. in the written statement filed on behalf of the respondents, it has been stated that whatever was due to the applicant had been released to him and there was no merit in the claim to the present oa. the applicant was initially employed as cook at mahar regiment centre pune w.e.f. 15.03.1972 in the pay scale of rs.75-1-85-eb-2-95. he was posted to this depot as mazdoor w.e.f. 16.10.1973 and reclassified / promoted to the following posts with effect from the dates mentioned below:- (a). 16.10.1973 posted to amn depot dappar w.e.f. 16.10.1973 as mazdoor in the pay scale of rs.196-232 and pay fixed rs.199. (b). 25.02.1977 reclassified as painter in the pay scale of rs.210-290 pay fixed rs.210/- pm w.e.f. 25.02.1977. (c). 16.10.1981 pay scale of painter revised from rs.210-290 to rs.260-400 by 3rd pay commission. the applicant was drawing pay rs.226 w.e.f. 16.10.1981 and his pay was fixed at rs.260 w.e.f. 16.10.1981. (d).01.01.1986 under rpr 1986, pay fixed rs.1050/- pm w.e.f. 01.01.1986 in the pay scale of rs.950-1500. (e).01.01.1996 under rpr-1997 pay fixed rs.3950 w.e.f. 01.01.1996 in the pay scale of rs.3050-4590. (f)  09.08.1999 granted 2nd acp and pay fixed rs.4300 in the pay scale of rs.4000-6000. (g)  15.05.2001 promoted as highly skilled grade-ii in the pay scale of rs.4000 pay not fixed since he has already been granted 2nd acp w.e.f. 09.08.1999. (h)  01.01.2006 under ccs (rp) rules, 2008, pay fixed at rs.9120+2400 gp in the pay scale of rs.5200-20200. (i) 01.09.2008 granted 3rd macp w.e.f. 01.09.2008 after completion of 30 years of service and pay fixed rs.10580+2800 gp in the pay scale of rs.5200-20200. 5. arguments advanced by the learned counsel for the parties were heard when learned counsel for the applicant reiterated the points and issues in the oa. learned counsel stated that since the applicant was re-classified / promoted in 1977, he was entitled to the 1st acp on 09.08.1999 since he had already completed 22 years of service and 2nd acp on 25.02.2001 when he completed 24 years of service. learned counsel stated that the applicants case had even been recommended by his parent organization through letter dated 27.10.2007 (annexure a-9), wherein it had been recorded as follows:- refixation of pay : ips 1. it is submitted that t.no.578 shri deen dayal was reclassified as painter from mazdoor on 25.02.1977 and he is serving as a painter till date. 2. he has completed 24 years of regular service on 25.02.2001. 3. he is entitled 1st acp w.e.f. 09.08.1999 as a painter in the pay scale of rs.4000-6000 and 2nd acp on completion of 24 years of regular service as painter on 25.02.2001 in the pay scale of rs.5000-150-8000. 4. in view of the above, revised pay fixation proformas and service books vol-i to iv are forward herewith for re-fixation of pay as painter of the above named individual to avoid his financial loss. but perhaps due to audit objection, the applicants claim was disallowed. learned counsel cited judgment in hem raj vs. uoi and ors. in oa no.1186/pb/2011, decided on 11.09.2012 by this tribunal and in union of india and anr. vs. central administrative tribunal, chandigarh bench, chandigarh and anr. in cwp no.5987 of 2013, decided on 05.09.2013 by the honble high court of punjab and haryana in support of the applicants claim for 1st acp w.e.f. 09.08.1999 and 2nd acp w.e.f. 25.02.2001. 6. learned counsel for the respondents reiterated the content of the written statement. 7. from the perusal of the material on record, it is clear that the claim of the applicant is squarely covered by the decision rendered by the cat, chandigarh bench in hem raj (supra) and the decision rendered by the honble high court of punjab and haryana in uoi and anr. (supra) and the applicant having completed more than 12 years of service on 09.08.1999 was entitled to the 1st acp on that date and 2nd acp was due to him on completion of 24 years of service on 25.02.2011. accordingly, the respondents are directed to recalculate the duty due drawn statement in respect of the applicant in respect of grant of 1st acp w.e.f. 09.08.1999 and 2nd acp w.e.f. 25.02.2001 and release the arrears due to him in this regard within 90 days from the date of certified copy of this order being served upon the respondents. the claim for 3rd macp may also be considered in the light of above observations. 8. oa is allowed with observations as above. no costs.
Judgment:

(Oral).

Rajwant Sandhu, Member (A), J.

1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-

8 (i). Quash the letter / order no.604/Ptr/DD/x/Est dated 23.12.2008 (Annexure A-1) passed by respondent no.3 and (Annexure A-1/1) issued by respondent no.5, whereby claim of the applicant for grant of benefit of Assured Career Progression Scheme in the pay scale of Rs.4000-6000 as 1st financial upgradation and then Rs.4500-7000 (Revised to Rs.5000-8000) as Second financial upgradation both w.e.f. 09.08.1999 and then benefit of third financial upgradation under MACP w.e.f. 15.03.2001 has been rejected illegally and arbitrarily ignoring the fact that the re-classification (alleged promotion) of the applicant as Painter was lost in oblivion as there was no change in the pay scale of the applicant due to subsequent merger of pay scales in so far as financial benefits is concerned and he remained stagnated without getting benefit of higher pay scale.

(ii).Quash the action of the respondents in not granting the applicant one increment each on his re-classification as Painter w.e.f. 25.02.1977 in the pay scale of Rs.210-290 (which of course lost its relevance after merger/upgradation of pay scales of feeder/promotional post) and w.e.f. 15.05.2001 when he was promoted to HS Grade-I.

(iii).Issue direction to the respondents to grant the applicant benefit of two upgradations under ACP Scheme i.e. first in the pay scale of Rs.4000-6000 w.e.f. 09.08.1999 and then second financial upgradation in the pay scale of Rs.4500-7000 / 5000-8000 w.e.f. 09.08.1999 as he had completed 24 years of service prior to 09.08.1999 i.e. the date of introduction of ACP Scheme and also to grant him one increment each on his re-classification as Painter w.e.f. 25.02.1977 and promotion as Highly Skilled Grade-II w.e.f. 15.05.2011 with all the consequential benefits of arrears of pay and allowances and interest @ 18% p.a. thereon from the date the amount became due till the date of actual payment.

(iv). Directions be issued to consider and grant the relief to the applicant as claimed by him and already granted to the similarly situated colleagues of the applicant extending the benefit of the judgment dated 15.02.2012 passed by this Honble Tribunal.

2. Averment has been made in the OA that the applicant was initially appointed as Cook in Mahar Regiment Centre, Pune w.e.f. 15.03.1971 in the pays scale of Rs.75-110 and was transferred / posted to the respondent Ammunition Depot, Dappar w.e.f. 08.10.1973 as Mazdoor in the pay scale of Rs.196-232. This pay scale was revised from time to time and it was revised to Rs.2,550-4000 w.e.f. 01.01.1996. The applicant was re-classified as Mazdoor w.e.f. 16.10.1973 in the pay scale of Rs.196-232, as revised to Rs.2550-4000 w.e.f. 01.01.1996. The applicant was re-classified (not promoted) as Painter w.e.f. 25.02.1997 in the pay scale of Rs.210-290, as revised to Rs.2650-4400 w.e.f. 01.01.1996. Reclassification is done on the same post and not on a higher post. However, on re-classification as Painter in the pay scale of Rs.210-290 on 25.02.1977, the pay of the applicant was not fixed correctly in as much as on counting of 5 increments @Rs.3 per year, his pay should have increased from Rs.196 to Rs.211. But, the pay of the applicant was fixed at Rs.210 at the minimum of the pay scale. Copy of the Pay Fixation Order dated 14.07.1977 is annexed as Annexure A-2. The next channel of promotion for the category of the applicant i.e. Painter is to the post of Highly Skilled Grade-II in and from the post of Highly Skilled Grade-II in the pay scale of Rs.4000-6000 and from this post the next channel of promotion is to the post of Chargeman Grade-II in the pay scale of Rs.4500-7000 as subsequently revised to Rs.5000-8000. The Govt of India framed Assured Career Progression Scheme for the Central Government Civilian Employees under which persons stagnating on a particular post, without getting any promotion were to be granted at least two financial upgradations on completion of 12 and 24 years of service. Copy of the Scheme is annexed as Annexure A-5. The applicant was due for grant of first ACP in the pay scale of Rs.4000-6000 on completion of 24 years of service in October, 1999 itself i.e. when the ACP Scheme was implemented. However, the applicant was not granted the due benefits of pay scale of Rs.4000-6000 as first financial upgradation w.e.f. 09.08.1999 and again second financial upgradation in the pay scale of Rs.4500-7000 / Rs.5000-8000 although he remained without getting any promotion and pay scale of semi skilled as well as skilled category was made the same. The applicant was re-classified as Painter Grade-II w.e.f. 15.05.2001 in the pay scale of Rs.4000-6000. However, since the applicant was entitled to first financial upgradation in the pay scale of Rs.4000-6000 w.e.f. 09.08.1999, the promotion in financial terms in 2001 would get merged w.e.f. 09.08.1999. The applicant is entitled to the pay scale of Rs.4500-7000 subsequently revised to Rs.5000-8000 as second financial upgradation and then third financial upgradation in the grade pay of Rs.2800.

3. Vide letter dated 27.10.2007 the respondent Depot requested the LAO (B), Ambala Cantt., that the applicant had completed 24 years of regular service on 25.02.2001 (through he had already completed such service as on 09.08.1999). He is thus entitled to first ACP w.e.f. 09.08.1999 as Painter in the pay scale of Rs.4000-100-6000 and second ACP on completion of 24 years of regular service as Painter on 25.02.2001 in the pay scale of Rs.5000-8000 (Annexure A-9). The applicant was given the benefit of third financial upgradation in the pay scale of Rs.5000-8000 as revised to pay band of Rs.9300-34800 with grade pay of Rs.2400/-. On completion of 30 years of service, the applicant became entitled to grant of benefit of third financial upgradation in the same pay band of Rs.9300-34800 i.e. from grade pay of Rs.2400/- to grade pay of Rs.2800 which has been denied to him.

4. In the written statement filed on behalf of the respondents, it has been stated that whatever was due to the applicant had been released to him and there was no merit in the claim to the present OA. The applicant was initially employed as Cook at Mahar Regiment Centre Pune w.e.f. 15.03.1972 in the pay scale of Rs.75-1-85-EB-2-95. He was posted to this depot as Mazdoor w.e.f. 16.10.1973 and Reclassified / promoted to the following posts with effect from the dates mentioned below:-

(a). 16.10.1973 Posted to Amn Depot Dappar w.e.f. 16.10.1973 as Mazdoor in the pay scale of Rs.196-232 and pay fixed Rs.199.

(b). 25.02.1977 Reclassified as Painter in the pay scale of Rs.210-290 pay fixed Rs.210/- PM w.e.f. 25.02.1977.

(c). 16.10.1981 Pay scale of Painter revised from Rs.210-290 to Rs.260-400 by 3rd Pay Commission. The applicant was drawing pay Rs.226 w.e.f. 16.10.1981 and his pay was fixed at Rs.260 w.e.f. 16.10.1981.

(d).01.01.1986 Under RPR 1986, pay fixed Rs.1050/- PM w.e.f. 01.01.1986 in the pay scale of Rs.950-1500.

(e).01.01.1996 Under RPR-1997 pay fixed Rs.3950 w.e.f. 01.01.1996 in the pay scale of Rs.3050-4590.

(f)  09.08.1999 Granted 2nd ACP and pay fixed Rs.4300 in the pay scale of Rs.4000-6000.

(g)  15.05.2001 Promoted as Highly Skilled Grade-II in the pay scale of Rs.4000 pay not fixed since he has already been granted 2nd ACP w.e.f. 09.08.1999.

(h)  01.01.2006 Under CCS (RP) Rules, 2008, pay fixed at Rs.9120+2400 GP in the pay scale of Rs.5200-20200.

(i) 01.09.2008 Granted 3rd MACP w.e.f. 01.09.2008 after completion of 30 years of service and pay fixed Rs.10580+2800 GP in the pay scale of Rs.5200-20200.

5. Arguments advanced by the learned counsel for the parties were heard when learned counsel for the applicant reiterated the points and issues in the OA. Learned counsel stated that since the applicant was re-classified / promoted in 1977, he was entitled to the 1st ACP on 09.08.1999 since he had already completed 22 years of service and 2nd ACP on 25.02.2001 when he completed 24 years of service. Learned counsel stated that the applicants case had even been recommended by his parent organization through letter dated 27.10.2007 (Annexure A-9), wherein it had been recorded as follows:-

REFIXATION OF PAY : IPS

1. It is submitted that T.No.578 Shri Deen Dayal was reclassified as Painter from Mazdoor on 25.02.1977 and he is serving as a Painter till date.

2. He has completed 24 years of regular service on 25.02.2001.

3. He is entitled 1st ACP w.e.f. 09.08.1999 as a Painter in the pay scale of Rs.4000-6000 and 2nd ACP on completion of 24 years of regular service as Painter on 25.02.2001 in the pay scale of Rs.5000-150-8000.

4. In view of the above, revised pay fixation proformas and service books Vol-I to IV are forward herewith for re-fixation of pay as Painter of the above named individual to avoid his financial loss.

But perhaps due to audit objection, the applicants claim was disallowed. Learned counsel cited judgment in Hem Raj Vs. UOI and Ors. in OA No.1186/PB/2011, decided on 11.09.2012 by this Tribunal and in Union of India and Anr. Vs. Central Administrative Tribunal, Chandigarh Bench, Chandigarh and Anr. in CWP No.5987 of 2013, decided on 05.09.2013 by the Honble High Court of Punjab and Haryana in support of the applicants claim for 1st ACP w.e.f. 09.08.1999 and 2nd ACP w.e.f. 25.02.2001.

6. Learned counsel for the respondents reiterated the content of the written statement.

7. From the perusal of the material on record, it is clear that the claim of the applicant is squarely covered by the decision rendered by the CAT, Chandigarh Bench in Hem Raj (supra) and the decision rendered by the Honble High Court of Punjab and Haryana in UOI and Anr. (supra) and the applicant having completed more than 12 years of service on 09.08.1999 was entitled to the 1st ACP on that date and 2nd ACP was due to him on completion of 24 years of service on 25.02.2011. Accordingly, the respondents are directed to recalculate the duty due drawn statement in respect of the applicant in respect of grant of 1st ACP w.e.f. 09.08.1999 and 2nd ACP w.e.f. 25.02.2001 and release the arrears due to him in this regard within 90 days from the date of certified copy of this order being served upon the respondents. The claim for 3rd MACP may also be considered in the light of above observations.

8. OA is allowed with observations as above. No costs.