RADHA NAND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) NINE Grade -I Officers of Geological Survey of India have joined together and have challenged the letter dated 07.06.2010 [Annexure -A/1] wherein guidelines have been issued for grant of financial up -gradation under MACP scheme, vis -a -vis pay parity with IAS Officers. The applicants have also challenged the letter dated 13/16.08.2010 [Annexure -A/2], wherein the Ministry of Mines, Govt. of India, Geological Survey of India have given guidelines, how to go ahead and grant financial upgradation under MACP Scheme as per DOPT circular dated 19.05.2009 to Grade -'A' Officers who fulfill the terms and conditions of Office Memorandum dated 19.05.2009. The applicants have further prayed to grant benefits at par with IAS Officers to the Officers of Geology Stream of GSI with effect from 01.01.2006 as per Pay Commission Recommendation, like other Organized Group -'A' services with all consequential benefits.

(2.) SHORN of unnecessary details, the case of the applicant may be summarized as below:

(3.) THE respondents have categorically pleaded that there was no anomaly or any violation of recommendation of 6th Central Pay Commission as alleged by the applicants and the OM dated 10.06.2010 clarifies that the term, batch cannot have different meaning at different places. The batch for direct recruits officers in the induction grade shall be the year following one year in which competitive examination was held and in subsequent grades the Batch would remain the same provided the officer is not superseded due to any reason. In case of an officer who is superseded, the officer would be considered along with the Batch with which his seniority is fixed. The respondents have further pleaded that there is no uniformity in the NFU granted to the officers of GSI as per 6th Central Pay Commission's recommendations since the eligibility criteria has been fixed by the DOPT and the recommendations of the 6th Pay Commission is a matter of record and it need not be over emphasized that the role of the Central Pay Commission is recommendatory in nature and it is for the Govt. of India to accept or reject or modify such proposal or recommendation. The DOPT vide OM dated 24.04.2009 accepted the recommendations for non functional up -gradation [NFU] to Organized Gr. 'A' Service of the GOI with terms and conditions ordered for grant of higher pay scale on NFU for officers of Organized 'A' Services. The OM dated 24.04.2009 further stipulates in Clause 3, that as the prescribed eligibility criteria and promotion norms including bench mark for up -gradation to the particular grade pay, would have to be met at the time of screening for granting of higher pay scale under this order. The Ministry of Mines in consultation with DOPT and other nodal Ministries of Govt. of India notified the Recruitment Rules of Group 'A' Geology Stream of GSI vide Gazette notification dated 29.09.2010 declaring the Group -'A' Geology Steam of GSI as an organized service and at the same time issued notification giving effect to the new Recruitment Rules and parity was given to all the officers who were eligible for promotion to the next higher grade depending on their residence/tenure holding the post as on 01.01.2006. The Ministry of Mines, vide OM dated 02.12.2010 informed the GSI to implement the NFU with retrospective effect i.e. from 01.01.2006 quoting DOPT note dated 26.11.2010. The Ministry of Mines had consulted DOPT on the issue of granting NFU up -gradation to the officers of Geology Stream w.e.f. 01.01.2006 since Recruitment Rules of Geology Steam as on 01.01.2006 was not on the pattern of Group 'A' Organized Service. The DOPT vide letter dated 26.11.2010 clarified that the instruction for grant of NFU benefit as per the 6th Central Pay Commission's recommendations have been issued vide DOPT OM dated 24.04.2009, the non functional up -gradation is subject to meeting of the terms and conditions prescribed in the Annexure to the office memorandum which inter alia states that all the eligibility criteria for promotion to a particular grade would have to be met for grant of higher pay scale under this order. According to the respondents, since the revised Rules have been notified on 29.09.2010 and the eligibility condition shall be applicable w.e.f. 29.09.2010 and as per DOPT OM dated 24.04.2009, whenever an Indian Administrative Service Officers of the State or joint cadre is posted at the Centre or a particular grade carrying a specific grade pay in Pay Band -3 or pay Band -4 the officers belong to batches of Organized Service Group/Service that are senior by two years or more and have not so far not been promoted to that particular grade would be granted the same grade on non functional basis from the date of posting of the I.A.S. Officers is that particular grade at the Centre. The terms and conditions are laid down at Annexure -1 which clearly says at para 3 that all the prescribed eligibility criteria and promotional norms including "Bench Mark" for up -gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale under these orders.