Central Administrative Tribunal - Ernakulam
Mohanan P vs M/O Labour on 20 June, 2019
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 180/01016/2015
Thursday, this the 20th day of June, 2019
CORAM:
Hon'ble Mr. E.K. Bharat Bhushan, Administrative Member
Hon'ble Mr. Ashish Kalia, Judicial Member
1. Mohanan P., Pharmacist, Beedi Workers Welfare Fund
Dispensary, Government of India, Ministry of Labour &
Employment, Kondotty PO, Malappuram District, Kerala State.
2. Habeeb V., Pharmacist, Beedi Works Welfare Fund Dispensary,
Government of India, Ministry of Labour & Employment,
Adkathbail, Kasaragod District, Kerala State.
3. Rajesh K., Pharmacist Beedi Workers Welfare Dispensary,
Government of India, Ministry of Labour & Employment,
Mele Chovva PO, Kannur District, Kerala State. ..... Applicants
(By Advocate : Mr. N. Manoj Kumar)
Versus
1. Union of India, represented by the Secretary to Government,
Ministry of Labour & Employment, Shramaskthi Bhavan,
Rafi Marg, New Delhi - 110 001.
2. Director General (LW), Labour Welfare Organisation,
Ministry of Labour & Employment, Government of India,
Jaisalmer House, Man Singh Road, New Delhi - 110 011.
3. Welfare Commissioner, Labour Welfare Organisation, No. MT/7/371,
1st Floor, PO Thana, Kannur-670012. ..... Respondents
(By Advocate : Mr. P.R. Sreejith, ACGSC)
This application having been heard on 12.06.2019 the Tribunal on -
20.06.2019 delivered the following:
ORDER
Hon'ble Mr. Ashish Kalia, Judicial Member -
The relief claimed by the applicants are as under: 2
"i) Direct the respondents to implement the recommendation of Fast Track Committee and Annexure A1 order and grant Grade Pay of Rs. 4200 in PB2 to all Pharmacists including the applicants who have completed 2 years service in the entry grade with immediate effect irrespective of the entry level basic qualification.
ii) To declare that the prescription / insistence of higher basic qualification than which was required at the time of recruitment for grant of Grade Pay is illegal, arbitrary, discrimination and unsustainable.
iii) To direct the respondents to grant 1st MACP in the Grade Pay of Rs.
4,600/- in PB-2 as per ACP Scheme w.e.f. from 1.1.2006, 2 nd MACP in the Grade Pay of Rs. 4,800/- in PB2 as per ACP Scheme w.e.f. from 20.7.2006 and 3rd MACP in the Grade Pay of Rs. 5,400/- in PB2 as per MACP scheme w.e.f. 20.7.2012 to the 1st applicant forth with.
iv) To direct the respondents to grant 1st MACP in the Grade Pay of Rs. 4,600/- in PB-2 as per ACP Scheme w.e.f. 1.1.2006, 2nd MACP in the Grade Pay of Rs. 4,800/- in PB2 as per ACP scheme w.e.f. from 1.1.2006 and 3 rd MACP in the Grade Pay of Rs.5,400/- as per MACP scheme w.e.f. 15.12.2010 to the 2nd applicant forth with.
v) Direct the respondents to grant 1st MACP in the Grade Pay of Rs. 4600/- in PB-2 with effect from 9.8.2014 to the 3rd applicant forth with.
vi) To direct the 2nd respondent to dispose of Annexure A23 representation dated 20.10.2015 forthwith.
vii) Grant such other reliefs as this Hon'ble Tribunal deems fit and proper in the circumstances of the case including the cost of this Original Application."
2. The brief facts of the case are that the applicants are working as Pharmacists in the Beedi Workers Welfare Dispensary under the Ministry of Labour & Employment, Government of India. The applicants entered service as Pharmacist on 20.7.1982, 15.12.1980 and 9.8.2002 respectively. The 6th Central Pay Commission (CPC) recommended only grant of Grade Pay of Rs. 2,800/- in PB-1 to the Pharmacists. Since the Grade Pay of Rs. 2,800/- was very meager the Central Government referred the matter to the Fast Track Committee for remedial measures. Accordingly, the said committee recommended that though the Grade Pay of Pharmacists on entry grade remain at Rs. 2,800/-, all Pharmacists on completion of two years of 3 service in the entry grade should be granted non-functional upgradation to the next higher grade having Grade Pay of Rs. 4,200/- in PB-2. The Government of India accepted the recommendation and decided to grant Grade Pay of Rs. 4,200/- to all Pharmacists on completion of two years service in the entry grade. Even though the applicants are entitled for fixation under non-functional upgradation to the next higher grade after two years of service, they were not granted the said benefit on the ground that they did not have the educational qualification of 10+2 at the time of their recruitment. The applicants were having the qualification of SSLC+D.Pharm and registration with State Pharmacy Council which was the requisite qualification for recruitment as Pharmacist at the time of their appointment. The applicants submitted representation but no action was taken by the respondents. However, vide Annexure A12 the respondents have rejected the claim of the applicants for non-functional upgradation to the next grade after two years of service, which is illegal, arbitrary, discriminatory and unsustainable. Moreover, the respondents have also not granted the benefits of ACP/MACP scheme to the applicants from the due dates. Aggrieved the applicants have approached this Tribunal claiming the relief as above.
3. Notices were issued to the respondents. They entered appearance through Shri P.R. Sreejith, ACGSC and filed a reply statement contending that non-functional upgradation is to be granted to those who possess essential minimum educational qualifications of 10+2 plus two years diploma in Pharmacy and Registration with State Pharmacy Council at the 4 entry grade and those who have completed two years of service in the entry grade. The applicants do not possess the essential minimum qualification of 10+2 plus D. Pharm. as prescribed in Annexure A1 order and therefore, are not entitled for non-functional upgradation as claimed. The 1 st and 2nd applicants have already been granted three financial upgradations under ACP/MACP scheme as and when it became due to them. The 3 rd applicant has also been granted first financial upgradation to the Grade Pay of Rs. 4,200/- (P-2) w.e.f. 9.8.2012 after completion of 10 years of regular service. Therefore, respondents pray for dismissing the OA.
4. Heard Mr. N. Manoj Kumar, learned counsel appearing for the applicant and learned ACGSC, appearing for the respondents. Perused the record.
5. The applicants entered service as Pharmacist on 20.7.1982, 15.12.1980 and 9.8.2002 respectively. The 6 th Central Pay Commission (CPC) recommended grant of Grade Pay of Rs. 2,800/- in PB-1 to the Pharmacists. However, later on the recommendation of the Fast Track Committee the Government of India vide Annexure A1 OM dated 18 th November, 2009 revised the pay structure of the common category of posts of Pharmacists cadre w.e.f. 1.1.2006. The relevant part of Annexure A1 OM dated 18th November, 2009 is extracted below:
"While approving the Report of the Sixth Central Pay Commission, the Government referred the matter related to the demands made in regard to pay scales of certain common category of posts to a Fast Track Committee. The pay scales of the common category posts of Pharmacists was one of the items referred to the Committee. The recommendation of the Fast Track Committee regarding the pay scales of the common 5 category posts of Pharmacists has since been received. The Committee has recommended that the entry grade of Pharmacists in Central Government should remain at grade pay of Rs. 2800 in the pay band PB-1. However, on completion of 2 years service in the entry grade, all the incumbents should be granted non-functional upgradation to the next higher grade having grade pay of Rs. 4200 in the pay band PB-2.
2. The recommendation of the Fast Track Committee regarding the pay scale of Pharmacists has been considered by the government and it has been decided to accept the same. Accordingly, the following pay structure is approved for the common category posts of Pharmacists cadre w.e.f. 1.1.2006:
Designation Pre- Pay structure Remarks
revised approved on the
pay scale recommendation
of Fast Track
Committee
Pharmacist 4500-7000 Grade pay of Entry grade for Pharmacist
(Entry Grade 2800 in PB-1 cadre : Essential minimum
educational qualifications
of 10+2 plus 2 years
Diploma in Pharmacy and
Registration with State
Pharmacy Council
Pharmacist 5000-8000 Pharmacist Gr.II and I will
II Grade Pay of be merged and designated
Pharmacist I 5500-9000 4200 in PB-2 as Pharmacist (Non-
functional grade). This
grade to be granted to
Pharmacist (Entry Grade)
on non-functional basis
after 2 years of service in
the grade pay of Rs. 2800.
............." (emphasis supplied)
6. The Government has revised the pay scale of Pharmacist w.e.f. 1.1.2006 i.e. prior to implementation of of the MACP scheme. Applicants Nos. 1 & 2 who were in the pay scale of Rs. 4,500-7,000/- were granted next pay scale of Rs. 5,000-8,000/- as per pay fixation order (Annexure R6) w.e.f. 9.8.1999, meaning thereby that they got 1 st upgradation in previous scale. On revision of pay scale on 1.1.2006, applicants were granted Grade Pay of Rs. 2,800/- whereas they were already in pay scale of Rs. 5,000- 8,000/- which was having Grade Pay of Rs. 4,200/- and on completion of 6 two years service in the Grade Pay they are entitled for Grade Pay of Rs. 4,600/- w.e.f. 1.1.2008 and further are entitled for Rs. 4,800/-, applicant No. 1 w.e.f. 15.12.2010, applicant No. 2 w.e.f. 20.7.2012 and applicant No. 3 w.e.f. 9.8.2018. The Government of India, Ministry of Labour & Employment vide their letter dated 20.11.2014 had clarified that in terms of paragraph 8.1 of the scheme financial upgradation including that of non- functional grade granted have to be treated as an offset against one financial upgradation under the scheme. Accordingly, the entitlement for grant of MACPs to Pharmacists in Grade Pay of Rs. 2,800/- in PB-1 to PB-2 plus Grade Pay of Rs. 4,200/- should be treated as 1 st MACP, PB-2 plus Grade of Rs. 4,200 to PB-2 plus Grade Pay of Rs. 4,600/- (2 nd MACP) and to PB-2 plus Grade Pay of Rs. 4,800/- (3rd MACP).
7. Therefore, in view of the aforesaid,we dispose of the OA as under:
a) The respondents are directed to grant all the applicants non-
functional upgradation in GP of Rs. 4,200/- in PB-2 under Annexure A1 OM w.e.f. 1.1.2008 i.e. after completion of two years of regular service in the Grade Pay of Rs. 2,800/-. This shall be treated as 1 st MACP in view of Annexure A11 that non-functional grades granted have to be treated as an offset against one financial upgradation under the scheme.
b) The applicant No. 1 is entitled to 2 nd MACP in PB-2 with Grade Pay of Rs. 4,600/- w.e.f. 1.9.2008 and 3rd MACP w.e.f. 20.07.2012 in PB-2 with Grade Pay of Rs. 4,800/-.
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c) As regards the 2nd applicant he is entitled to 2 nd MACP in PB-2 with Grade Pay of Rs. 4,600/- w.e.f. 1.9.2008 and 3 rd MACP in PB-2 with Grade Pay of Rs. 4,800/- w.e.f. 15.12.2010.
d) Further as regards applicant No. 3 he will be entitled for 2 nd and 3rd MACPs with effect from the due dates.
e) The applicants are entitled for all consequential benefits including arrears of pay. The respondents shall comply with the above directions within a period of three months from the date of receipt of a copy of this order.
8. No order as to costs.
(ASHISH KALIA) (E.K. BHARAT BHUSHAN)
JUDICIAL MEMBER ADMINISTRATIVE MEMBER
"SA"
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Original Application No. 180/01016/2015 APPLICANT'S ANNEXURES Annexure A1 - True copy of the order dated 18.11.2009. Annexure A2 - True copy of the office memorandum dated 2.6.2010.
Annexure A3 - True copy of the office memorandum dated 19.5.2009 along with the Modified Assured Carrier Progression Scheme (MACPS) for the Central Civilian Employees.
Annexure A4 - True copy of the office memorandum dated 9.9.2010.
Annexure A5 - True copy of the representation dated 2.4.2011 submitted by the All India Central Labour Welfare Organization Staff Association. Annexure A6 - True copy of the letter dated 20.8.2011 addressed to the Director, Implementation Cell, Department of Expenditure, Ministry of Finance, Government of India.
Annexure A7 - True copy of representation dated 22.9.2011 submitted by the All India Central Labour Welfare Organization Staff Association before the Welfare Commissioner Labour Welfare Organization, Bangalore.
Annexure A8 - True copy of the representation dated 12.6.2014 submitted by the All India Central Labour Welfare Organization Staff Association before the 3rd respondent.
Annexure A9 - True copy of letter dated 12.10.2014 submitted by the All India Central Labour Welfare Organization Staff Association before the Welfare Commissioner (Head Quarters) New Delhi.
Annexure A10 - True copy of the letter dated 20.10.2014 of the 1st respondent.
9Annexure A11 - True copy of letter dated 20.11.2014 of the1st respondent.
Annexure A12 - True copy of the order dated 11.12.2014 of the 3rd respondent.
Annexure A13 - True copy of the letter dated 24.12.2014 submitted All India Central Labour Welfare Organization Staff Association before the 3rd respondent.
Annexure A14 - True copy of the representation dated 5.1.2015 submitted by the 1st applicant before the 3rd respondent.
Annexure A15 - True copy of the letter dated 6.5.2015 of Shri Shiva Gopal Mishra to the Joint Secretary, Government of India.
Annexure A16 - True copy of letter dated 10.6.2015 of the Government of India to Shri Shiva Gopal Mishra.
Annexure A17 - True copy of the letter dated 31.7.2015 of the Welfare and Cess Commissioner, Bangalore. Annexure A18 - True copy of the letter dated 6.7.2015 of the All India Central Labour Welfare Organization Staff Association to the 3rd respondent. Annexure A19 - True copy of the letter dated 20.7.2015 of the 1 st applicant.
Annexure A20 - True copy of the letter dated 12.10.2015 of the 1st applicant to the 3rd respondent.
Annexure A21 - True copy of the letter dated 15.10.2015 of the 2nd applicant to the 3rd respondent.
Annexure A22 - True copy of the letter dated 12.1.2015 of the 3rd applicant to the 3rd respondent.
Annexure A23 - True copy of representation dated 20.10.2015 submitted by the All India Central Labour Welfare Organization Staff Association. 10 Annexure A24 - True copy of the letter dated 4.8.2015 submitted by the applicant.
Annexure A25 - True copy of the reply dated 17.8.2015 from the Under Secretary to Government of India.
Annexure A26 - True copy of the reply dated 26.8.2015 from the CPIO, Office of the Addl. Director, Central Government Health Scheme, Bhopal.
Annexure A27 - True copy of the reply dated 31.8.2015 from the CPIO, Central Government Health Scheme, Trivandrum.
Annexure A28 - True copy of the reply dated 1.9.2015 from the CPIO, Central Government Health Scheme, Bhubaneswar.
Annexure A29 - True copy of the reply dated 3.9.2015 from Sr. CMO (SAG) & CPIO, Office of the Addl.
Director, Central Government Health Scheme, Guwahati.
Annexure A30 - True copy of the reply dated 18.9.2015 from the CPIO, Office of the Addl. Director, Central Government Health Scheme, Bangalore.
Annexure A31 - True copy of the order No. 576 of 2010 dated 3.8.2010 of the Welfare and Cess Commissioner, Jabalpur.
RESPONDENTS' ANNEXURES Annexure R1 - True copy of the order dated 24.2.2015 of Hon'ble CAT, Principal Bench, New Delhi taken from the website.
Annexure R2 - True copy of the notification No. GSR.260(E) dated 26.3.1991.
Annexure R3 - True copy of the relevant portion/page showing the qualification of the applicants as entered in the service book at the time of joining service. 11 Annexure R4 - True copy of the relevant portion/page showing the qualification of the applicants as entered in the service book at the time of joining service. Annexure R5 - True copy of the relevant portion/page showing the qualification of the applicants as entered in the service book at the time of joining service. Annexure R6 - True copy of the order dated 2.4.2001 granting first financial upgradation (ACP) to first applicant.
Annexure R7 - True copy of the order dated 2.9.2009 granting 2nd financial upgradation (MACP) to first applicant.
Annexure R8 - True copy of the order dated 19.6.2012 granting 3rd financial upgradation (MACP) to first applicant.
Annexure R9 - True copy of the order dated 2.4.2001 granting first financial upgradation (ACP) to 2nd applicant.
Annexure R10 - True copy of the order dated 2.9.2009 granting 2nd financial upgradation (MACP) to 2nd applicant.
Annexure R11 - True copy of the order dated 19.5.2011 granting 3rd financial upgradation (MACP) to 2nd applicant.
Annexure R12 - True copy of the order dated 11.6.2012 granting first financial upgradation (MACP) to 3rd applicant.
Annexure R13 - True copy of the letter No. A.11014/02/2011- W.I dated 29.7.2016 of the Ministry of Labour & Employment.
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