JIWAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 27th November, 2009 passed by the Central Administrative Tribunal, Principal Bench in O.A No.865/2009 titled Sh.Jiwan Singh v. Union of India & Ors dismissing the original application filed by the petitioner under Section 19 of Administrative Tribunal Act, 1985 seeking direction to the respondent to accord the appropriate grade and pay scale on grant of first ACP with effect from 9th August, 1999 in the scale of Rs.4000- 6000/- and second ACP with effect from 30th September, 2004 in the scale of Rs.4500-7000/- with all consequential benefits along with interest at 12% per annum from the date it became due. Brief facts to comprehend the controversies are that the petitioner was appointed as a Civilian Cook in 6 para Regiment at Agra with effect from 28th September, 1980. On completion of his term of engagement he was adjusted under surplus and deficiency Scheme in the same grade and pay with effect from 28th September, 1982 and posted to 510 Army Base Workshop, Meerut.

(2.) The petitioner was granted pay scale of Rs.3050-4590/- as replacement scale of 5th Central Pay revision. Under the Assured Career Progression Scheme, two financial upgradations on completion of 12 years and 24 years were required to be given. Since the petitioner was in isolated post, therefore, an anomalous situation arose in implementation of the scheme. The anomaly was referred to DOPT for clarification pursuant to which an O.M No.35034/1/97-Estt (D) Vol.II dated 10th February, 2000 was issued regarding implementation of ACP Scheme.

(3.) The relevant clarification No.10 issued is as under:- 10 For isolated posts, the For isolated posts, the scale of pay for ACPs as scales of pay for ACPs shall recommended by the be the same as those Pay Commission may applicable for similar posts be implemented and in the same not the Ministry/Department/Cadre standard/common pay- except where the Pay scales indicated vide Commission has Annexure-II of the recommended specific pay Office Memorandum scales for mobility under dated August 9, 1999. ACPs. Such specific cases may be examined by respective Ministries/Departments in consultation with the Department of Personnel and Training. In the case of remaining isolated posts, the pay scales contained in Annexure II of the Office Memorandum dated August 9, 1999 (ACPS) shall apply.