LAWS(DLH)-2013-7-93

UOI Vs. JATADHAR SINGH

Decided On July 08, 2013
UOI Appellant
V/S
Jatadhar Singh Respondents

JUDGEMENT

(1.) VIDE order dated November 01, 2010, OA No.1129/2010 filed by the respondents was allowed holding that work performed by the respondents was in the skilled category and not semi-skilled category and thus they would be entitled to wages applicable to skilled workman and consequently benefit of first financial upgradation under the ACP Scheme to which they would be entitled to would be in the pay scale Rs.4000-6000 and the second financial upgradation benefit would be in the pay scale Rs.5000-8000. The Tribunal held that the second financial upgradation would be upon rendering 20 years service. The said order was corrected vide order dated December 23, 2010 observing that the second financial upgradation would be after rendering 24 years service and not 20 years service. Review sought by the petitioners of the order dated November 01, 2010 as corrected on December 23, 2010 has been declined vide order dated March 17, 2011.

(2.) RESPONDENTS were appointed as Lift Attendants and were treated as semi-skilled workmen and paid salary in the then applicable pay scale Rs.210-290. At that time skilled workmen were placed in the pay scale Rs.260-400. The post was re-designated as a Lift Operator on June 24, 1987. Lift operators working in CPWD had raised an issue of being treated as semi-skilled workmen; claiming to be skilled workmen, which dispute was referred to arbitration and the award came in favour of the Lift Attendants re-designated as Lift Operators. The issue as to whether first financial upgradation benefit when the ACP scheme was introduced in the year 1998 would required Lift Operators to be upgraded in the pay scale Rs.4000-6000 or not was decided by a Division Bench of this Court in CCA No.7/2001 and W.P.(C) No.2792/1988 on September 25, 2008 and suffice would it be to note that the decision was in favour of the workmen. The award was upheld. Prior thereto, on August 16, 1996 deciding OA No.1067/1994 the Central Administrative Tribunal held that Lift Operators working in the Military Engineering Service have to be treated as skilled workmen and paid salary in the pay scale Rs.260-400 and not Rs.210-290.

(3.) THE principal issue which arose for consideration before the Tribunal was whether the post of Fitter General Mechanic was a promotional post to the post of a Lift Operator because of the reason the ACP scheme in question contemplates in situ upgradation in the next above pay scale if an incumbent does not earn promotion in 12 years and further in situ upgradation in the next above pay scale if no promotion is earned in the next 12 years; if the posts are hierarchical the next above pay scale would be of the promotional post and if there is not hierarchical cadre the next above pay scale would be as per the pay scales adopted by the Government.