UNION OF INDIA Vs. T P LEENA

JUDGEMENT

(1.) THE petitioners-Union of India, the Director General and Zonal Director of Fishery Survey of India, were the respondents and the respondent herein was the applicant in O.A.No.107 of 2011 on the file of the Central Administrative Tribunal, Ernakulam Bench. For the sake of convenience, the parties are referred to hereinafter as 'the petitioners' and the 'respondent' evenwhile referring to the proceedings before the Tribunal. The respondent approached the Tribunal alleging wrong fixation of her pay upon granting of the first and second financial upgradations under the Modified Assured Career Progression Scheme (MACP Scheme) which came into existence with effect from 1.9.2008. The core contention of the respondent was that by virtue of paragraph 5 of the MACP Scheme, the promotions earned/upgradations granted under the ACP scheme should have been ignored for the purpose of granting upgradation under the MACP Scheme. It is claimed in the light of paragraph 5 of the MACP Scheme for the first financial upgradation with the grade pay of Rs.4800/- with effect from 1.9.2008 and for the second upgradation with grade pay of Rs.5400/- with effect from 30.3.2010. As a matter of fact, the said claim of the respondent was found sanctionable by the internal audit department. The petitioners resisted the claims and contentions of the respondent and contended that the respondent's entitlement is only to the grade pay of Rs.4800/- in terms of MACP Scheme. Their contentions were summarised in paragraph 5 of the reply affidavit filed by them in the original application before the Tribunal. Rejoinder and affidavit were also filed respectively by the respondent and the petitioners. After considering the rival contentions and the materials on record, the Tribunal set aside Annexures-A1 and A2, the impugned orders. Annexure-A1 is the office order bearing No.F1-5/2010 dated 8.4.2010 of the second petitioner herein whereby the request of the respondent for extending the grade pay of Rs.5400/- upon granting of financial upgradation as per MACP Scheme was refused. Annexure-A2 is the office order No.F.8-32/2009 dated 19.4.2010 issued by the third petitioner herein limiting the grade pay payable to the respondent at Rs.4800/- as against her claim of Rs.5400/- as grade pay. After setting aside Annexures-A1 and A2, the petitioners were directed to pass suitable orders refixing the pay of the respondent as hereunder:

(2.) WE have heard the Central Government Standing Counsel for the petitioners and the learned counsel appearing for the respondent, elaborately, at the stage of admission. Parties have virtually reiterated the respective contentions raised before the Tribunal.

(3.) THE respondent joined the service of the Fishery Survey of India as Hindi Translator (Group C Non Gazetted) on regular basis on 30.3.1990. Admittedly, it was an isolated post with no promotional prospects. The scale of pay then attached to that post was Rs.1400-2300. After the introduction of the revised Pay Rules, 1996, on acceptance of the 5th Pay Commission recommendations, it was replaced by the scale of pay of Rs.4500-7000 with retrospective effect from 1.1.1996. On 8.11.2000, that scale of pay was replaced by the scale of pay of Rs.5000-8000 with retrospective effect from 1.1.1996. On 13.7.2004, the post of Hindi Translator was re-designated as Junior Hindi Translator without any change in the functional responsibilities as also in the pay scale. On 9.8.1999, the Assured Career Progression Scheme was introduced. In terms of the same, on 29.3.2002, the first financial upgradation was granted to the respondent and she was placed in the scale of pay of Rs.5500-9000 w.e.f 30.3.2002. While so, the 6th Central Pay Commission recommended for merger of scales of pay of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 and for replacing the said scales of pay in pay band 2 with scale of pay of Rs.9300-34800 with the grade pay of Rs.4200/-. As per that, the pre-revised pay of the post of Junior Hindi Translator was placed in the scale of pay of Rs.6500-10500. Subsequently, pay of the respondent was fixed in pay band 2- Rs.9300-34800 with the grade pay of Rs.4200/-. Pursuant to letter No.8-1/09-E1 dated 4.5.2009 of the Senior Administrative Officer, Fishery Survey of India, as per Annexure-A6, the respondent's pay was fixed in the pay band of Rs.9300-34800 taking into account the upgradation in the pre-revised scale of Rs.7450-11500, with a grade pay of Rs.4600/-. ACP Scheme introduced on 9.8.1999 was replaced by MACP Scheme w.e.f 1.9.2008. The claim of the respondent, based on paragraph 5 of the MACP Scheme, was for first financial upgradation with grade pay of Rs.4800/- w.e.f. 1.9.2008 and the second financial upgradation with grade pay of Rs.5400/- w.e.f. 30.3.2010 . As per Annexure-A5 office memorandum dated 13.11.2009, the pay scale of Rs.6500-10500 with grade pay of Rs.4200/- was revised to 7450-11500 w.e.f 1.1.2006 and the grade pay was enhanced to Rs.4600/-. The claim of the respondent was that on 30.3.2010, she had completed 20 years of service and thereby, had acquired the entitlement to be considered for the second financial upgradation under the MACP as well, ignoring the upgradation granted under the ACP Scheme. It was the denial of the said claim and passing of Annexures-A1 and A2 that constrained the respondent to approach the Tribunal.