SIS KAUR Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THE present petition has been filed by the petitioner challenging the communication dated February 27, 2014, whereby the request of the petitioner dated September 2, 2013 for grant of 2nd financial upgradation under MACP has been rejected on the ground that she had availed two financial upgradations so far and the 3rd financial upgradation will be given to her on the completion of 30 years of continuous service with effect from September 1, 1993.

(2.) SOME of the few facts are, the petitioner initially joined the respondent -University on December 7, 1990 as Technical Assistant in the pay scale of Rs. 1400 -2300. On September 11, 1992, the Executive Council of the respondent -University accepted the recommendation of the Cadre Review Committee, revising the pay scale of Senior Technical Assistants from Rs. 1640 -2900 to Rs. 2000 -3500 with effect from January 1, 1986. The relevant recommendation is as under:

(3.) THE respondent in its counter affidavit do not dispute the aforesaid facts. It is the case, on merit, that the grant of scale of Rs. 2000 -3500 to the petitioner with effect from September 1, 1993 was treated as personal to her without affecting the core scale of pay of Rs. 1640 -2900 of the Senior Technical Assistant. According to the respondent, the grant of scale of Rs. 2000 -3500 instead of Rs. 1640 -2900 is a first financial upgradation which needs to be taken into consideration for grant of MACP. In other words, it is the respondent's case that the petitioner having been granted two pay scales of Rs. 2000 -3500 and Rs. 2200 -4000 w.e.f. September 1, 1993, though the core scale of pay was Rs. 1640 -2900, the petitioner is entitled to the 3rd financial upgradation under MACP only after the completion of 30 years of service i.e. August 31, 2023.