UNION OF INDIA Vs. G. PRAMADA RANI

JUDGEMENT

(1.) The above Writ Petitions are filed by the petitioners seeking a 'Writ of Certiorari' calling for the records pertaining to the common order dtd. 25/2/2020, passed in O.A.Nos.591 of 2018 and batch, on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, and quash the same as illegal and arbitrary.

(2.) The Respondents herein are all employees of Department of Posts, Ministry of Communications, Union of India New Delhi. Sri Bhavanarayana, who was working as Senior Accountant in the Office of Directorate of Accounts (Postal), Nagpur, State of Maharashtra, sought transfer to the Directorate of Accounts (Posts), Hyderabad. His transfer was considered by reverting the person to a lower post of Junior Accountant with corresponding pay. Accordingly, Sri Bhavanarayana has joined as a Junior Accountant in Directorate of Accounts (Postal), Hyderabad, on 31/7/1990. He was later promoted as Senior Accountant on 1/2/1995. He was granted Second Financial Upgradation under ACP (Assured Career Progression Scheme) on 10/6/2007. The employees working in Directorate of Accounts (Postal), Hyderabad, started claiming that their junior is drawing higher pay than them and therefore, their pay should be stepped up.

(3.) It appears similar issues were raised in various States and in various Benches of the Central Administrative Tribunal. The dispute was considered and decided by the Tribunal. Based on the decision of the Tribunal, the pay of the respondents herein was stepped up on par with Sri Bhavanarayana with effect from 10/6/2007 and such pay was financed. The petitioners having realized that granting of stepping up of pay was erroneous and contrary to the scheme of Assured Career Progression (ACP) which was superceded by the Modified Assured Career Progression (MACP) Scheme and that the claim of the respondents for stepping up of their pay by comparing to the pay drawn by Sri Bhavanarayana, was not correct. Steps were taken to refix the pay and to recover the excess amount alleged to have been paid on account of the earlier wrong pay fixation.