UNION OF INDIA Vs. SHAILA SHYAMSUNDER SHRINGARE

JUDGEMENT

(1.) Six Original Applications vide O.A. Nos.30 of 2018, 26 of 2018, 27 of 2018, 28 of 2018, 29 of 2018 and 32 of 2018 were heard together and disposed of by a common order passed on 31 st January 2024. The grievance raised by the applicants before the Tribunal was that they were not extended the benefit under 2 nd ACP in PB-3 Grade Pay of Rs.5400.00 which was admissible to the post of Senior Supervisor/DEOs. The said benefit was declined to the applicants on the ground that they did not possess requisite educational qualifications as per the Recruitment Rules for the post of Assistant Director (Data Centre).

(2.) The applicants are Senior Supervisors who were seeking a direction from the Tribunal for considering their case for grant of 2 nd ACP. Before the Tribunal, the order of rejection dated 2 nd September 2016 passed by the competent Authority was put to challenge. In that context, OM dtd. 10/10/2016 was also challenged by the applicants. The applicants in support of the aforesaid challenge laid to the order dtd. 2/9/2016 and OM dated 10 th October 2016 relied on "Amresh Kumar Singh and Ors. v. State of Bihar and Ors" 2023 SCC OnLine 496 wherein the Hon'ble Supreme Court held that the educational qualification required under the Recruitment Rules for the promotional post is not necessary for in situ promotion. The applicants made a submission before the Tribunal that the Original Applications filed by them may be disposed of in the light of the decision of the Principal Bench in O.A. No.2416 of 2016 titled "Dharampal Singh and Ors. v. Union of India and Ors." On the other hand, the Union of India relied on the decision in "Union of India and others v. M.V. Mohanan Nair" (2020) 5 SCC 421 wherein the Hon'ble Supreme Court observed that the grant of financial upgradation should be strictly in terms with the norms of promotion such as bench mark, departmental examination, seniority-cum-fitness etc.

(3.) Having considered the rival submissions and the decision in "Amresh Kumar Singh", the Tribunal formed an opinion that O.A. Nos.30 of 2018, 26 of 2018, 27 of 2018, 28 of 2018, 29 of 2018 and 32 of 2018 may be disposed of with a direction to the respondents to consider the case of the applicants for 2 nd ACP/MACP for the post of Assistant Director. The Tribunal, therefore, passed the following order with a direction to the respondents to consider the applicants' claim in a time-bound manner for grant of 2nd ACP/MACP in the light of the decisions in "Amresh Kumar Singh" :-