UNION OF INDIA Vs. DELHI NURSES UNION

JUDGEMENT

(1.) This writ petition is directed against the order dated 09.05.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.141/2012. The issue involved in this writ petition pertains to the grant of the 3rd Financial Upgradation under the Modified Assured Career Progression Scheme (MACPS) issued by the Department of Personnel and Training (DoPT) by an office memorandum bearing No.35034/3/2008-Estt. (D) dated 19.05.2009. The employees involved in the present writ petition are Assistant Nursing Superintendents (ANS) and some of them are Deputy Nursing Superintendent (DNS) (non-functional). The question that arises for consideration is whether the ANS and DNS (non-functional) are to be given the grade pay of Rs. 6600/- in Pay Band-3 as their third financial upgradation on completion of 30 years under the said MACPS. According to the respondents, the only thing that has to be seen under the scheme is the next immediate higher grade pay and not the next hierarchical post. On the other hand, the learned counsel for the petitioner submitted that the promotional avenue available to ANS is that of DNS which falls within the same Pay Band-3 and has the same grade pay of Rs. 5400/- and, therefore, they cannot be given the grade pay of Rs. 6600/- which is in the next higher post of Nursing Superintendent.

(2.) The respondents had filed the Original Application seeking the following reliefs:-

(3.) Paragraph 2 of the MACPS is relevant for our purposes. It reads as under:-