UNION OF INDIA Vs. C. SELVARAJ

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated 08.02.2011 passed by the Central Administrative Tribunal, Madras Bench in O.A.No. 605 of 2010, whereunder the application filed by the first respondent seeking to quash the order dated 20.11.2009 and to restore the pay, was allowed.

(2.) THE first respondent / applicant before the Tribunal had completed 24 years of service with the Indira Gandhi Centre for Atomic Research, Department of Atomic Energy, Kalpakkam, as Clerk. He received the second financial upgradation under the old Assured Career Progression (ACP) Scheme from 09.11.2008. Thereafter, the Modified Assured Career Progression Scheme (in short "MACP Scheme ") came into force vide office order dated 19.05.2009. The said scheme provides for grant of financial upgradation on completion of 10 years, 20 years and 30 years. Thereafter, the first respondent received an order dated 28.10.2009 on the basis of MACP scheme, which was prejudicial to the interest of the first respondent. By order dated 28.10.2009, the financial upgradation granted earlier was revised under MACP scheme in the Pay Band Rs. 5200 -20200 + Grade Pay Rs. 2800/ - with effect from 1.9.2008. The first respondent was initially granted the second financial upgradation under the old ACP scheme in the pay scale of Rs. 9300 -34800 with Grade Pay of Rs. 4200/ -. Thus, the first respondent questioned the change of his pay scale pursuant to the MACP scheme and preferred the original application before the Tribunal.

(3.) THE case of the first respondent was that under the MACP Scheme dated 19.05.2009, it is clearly provided under Clause 11 that no past cases would be reopened. Further, while implementing the MACP Scheme, the differences in pay scales on account of grant of financial upgradation under the old ACP Scheme (of August 1999) and under the MACP Scheme within the same cadre shall not be construed as an anomaly. Thus, the subsequent modification by order dated 28.10.2009 and also the order dated 20.11.2009 deserve to be quashed.