MEMBER SECRETARY Vs. MIRA BHARALI

JUDGEMENT

(1.) The Member Secretary, Central Silk Board (hereinafter referred to as "Board") and the Union of India and its officers have approached this Court by way of a writ petition assailing the order dtd. 6/3/2019 passed by the Central Administrative Tribunal, Gauhati Bench in Original Application No. 188/2015. The Central Silk Board is a Statutory Body created by an Act of Parliament namely the Central Silk Board Act, 1948. The Board functions under the administrative control and command of the Ministry of Textile, Government of India. The predominant function of the Board is Research and Development (R&D) in the field of Sericulture. The Board has established a network of Units across various regions of the country to carry out its activities. The employees of the Board include Scientific Administrative, Technical and other operational and supporting staff. The service Rules as applicable to the Central Government employees are followed by the Board to regulate the service conditions of the employees of the Board.

(2.) The short case projected by the petitioner is that the Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi, notified a scheme vide the OM No. 35034/1/97-Estt(D) dtd. 9/8/1999, called Assured Career Progression Scheme (ACPs). The said Scheme envisaged placement of employees in higher pay scale/grant of financial benefits through financial up-gradation to employees who faced stagnation due to lack of promotional avenues. The scheme provided for two (2) financial up-gradations of which the first shall be given after completion of first 12 years of regular services and the second after completion of further 12 years of regular services from the date of first financial up-gradation. The said financial upgradation was to be given to the immediately next higher Pay Scale as indicated in the Annexure-II to Part-A of the First Schedule annexed to the Notification dtd. 30/9/1997 of the Ministry of Finance (Department of Expenditure).

(3.) Thereafter, the Government of India, Ministry of Personnel, Public Grievance and Pensions, New Delhi issued another scheme namely, the Modified Assured Career Progression Scheme (MACPs) vide the OM No. 35037/3/2008-Estt(D) dtd. 19/5/2009 and the same was made effective from 1/9/2008. With the issuance of the new scheme, the earlier ACP Scheme dt. 9/8/1999 was replaced and it became ineffective. This replacement was subsequent to the revised Pay Scale as approved pursuant to 6th effect from 1/1/2006. As per the 6th CPC, the pay structure comprises Pay Band + Grade Pay under the earlier ACP Scheme. The financial up-gradation was to be considered and given to an employee in the next promotional hierarchy post whereas in the new MACP Scheme, the employee will be considered and given financial up-gradation in the successive Grade Pay in the hierarchy of recommended revised Pay Band and Grade Pay and not in the promotional hierarchy. As such under the new MACP Scheme, an employee who has not been promoted will be entitled, upon completion of each 10, 20 and 30 years of continuous regular service, financial up-gradation are granted to such employees without promotion. The MACP Scheme was made applicable to employees who have completed atleast 10 years continuous service in the same Grade Pay without any promotion. The respondents who are the applicants before the Central Administrative Tribunal (hereinafter referred to as "CAT") were earlier appointed as Lower Division Clerks (LDC) in different offices of the Board located in the North-Eastern Region. Subsequently, they were all promoted to the grade of Upper Division Clerks (UDC) on different dates in the Grade Pay of Rs.2400.00 in PB-2 of Rs.5,200.0020,200 in the pre-revised Pay Scale of Rs.3050.0072-3950-80-4590 on 28/9/1996. The said Pay Scale was revised to PB-1 of Rs.5200.0020,200 with Grade Pay of Rs.1900.00 with effect from 1/1/2006 in view of the 6th CPC recommendation.