HARPAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief: -

(2.) AVERMENT has been made in the O.A. that the applicant was appointed on 15.4.1982 as Wireman with the respondent department. The applicant was allowed first ACP w.e.f. 9.8.1999 in the scale of Rs. 2750 -70 -3800 -75 -4400 which was less than he was entitled to and as such, the applicant had raised the claim in the Industrial Tribunal cum Labour Court, Chandigarh in which the judgment stands reserved. However, arrears of Rs. 2,41,924/ - have been allowed vide Annexure A -3 which was yet to be reconciled with the judgment of CGIT.

(3.) IN the written statement filed on behalf of the respondents, the preliminary objection has been taken that the applicant was appointed during 1982 as Wireman and the pay scales claimed by him were introduced by the Fifth Pay Commission w.e.f. 1.1.1996 for the Technicians having required qualifications. The applicant never challenged his pay fixation before the year 2012 and thus, the present O.A. was barred by limitation. Moreover, the pay scales claimed by him are not applicable to his cadre. It has further been stated that the first financial upgradation under Assured Career Progression was granted to the applicant on 09.08.1999 - the date of introduction of ACP Scheme vide Annexure A -5 in the pay scale of Rs. 3050 -75 -4590 (Revised as per 5th Pay Commission) and the pay of the applicant in Ist ACP was refixed vide Directorate letter No. 2 -13/2009/PCC dated 12.08.2011 in the pay scale of Rs. 4000 -100 -6000 and the arrear of Rs. 2,41,924/ - was paid to him on 05.05.2012. The case of the applicant for IInd ACP was also considered by the screening committee meeting held on 13.7.2009 for grant of 2nd financial upgradation under ACP Scheme but the applicant was not found fit by the DPC. Thereafter, the second M.A.CP was granted to the applicant on 01.09.2008 vide Annexure A -1 in the scale of Rs. 5200 -20200 with Grade Pay of Rs. 2800/ - (the next corresponding scale of Rs. 4000 -100 -6000) and the arrear of Rs. 56050/ - was paid to him on 28.7.2012. The third M.A.CP was granted to the applicant on 22.4.2012 vide Memo dated 26.4.2013 in the scale of Rs. 9300 -34800 with Grade Pay of Rs. 4200/ - (Annexure R -3). Now, the applicant has filed the instant original application before this Bench which is devoid of merit and liable to be dismissed.