Central Administrative Tribunal - Chandigarh
Gian Chand vs D/O Personnel & Training on 29 February, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATIONS NO.60/275/2019, 60/349/2019,
60/350/2019, 60/454/2019 and 60/647/2019
DATED THIS THE 29th DAY OF FEBRUARY, 2024
(Reserved on: 01.02.2024)
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. O.A. No.60/275/2019
1. Dinesh Kumar son of Late Shri Om Parkash, aged 67 years,
Superintending Officer Group 'B' (Retired) Employee No.2302,
resident of # 2108, Sector 9, Urban Estate, Ambala City-134003.
2. S.K.Varshney son of Late Shri Rajinder Kumar, aged 66 years,
Assistant Director Group 'B' (Retired) Employee No.2078, resident
of # 537, Behind Tagore School, Sector -6, Karnal-132001.
3. Kuldip Kumar son of Shri Diwan Chand Mittal, aged 67 years,
Superintending Officer in Group 'B' (Retired) Employee No.2202,
resident of # 78, Subhash Colony, Ambala Cantt-133001.
4. Jatinder Kumar son of Shri Jai Dayal, aged 68 years, Superintending
Officer Group 'B' (Retired) Employee No.2292, resident of # 49,
Indra Colony, Vikas Marg, Karnal-132001.
5. Nirmal Singh son of Late Shri Joginder Singh, aged 63 years,
Assistant Director, Group 'B' (Retired) Employee No.2475, resident
of # 339, Sector-2, Ward No.2 Opp. Dasmesh Enclave, Mundi
Kharar, Tehsil Kharar, District Mohali (Punjab)-140301.
....Applicants
(By Advocate: Sh. Manohar Lal)
Versus
1. Union of India through, the Secretary, Ministry of Statistics &
Programme Implementation, (SSS Division), Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
2. The Secretary, Department of Personnel & Training (DOP&T), North
Block, New Delhi-110001.
3. The Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi-110001.
....Respondents
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(By Advocate: Sh. A. K. Sharma).
2. O.A. No.349/2019
1. Ram Dhari Son of Shri Babu Ram, aged 71 years, Senior
Superintendent Grade 'B' (Retired), resident of Village and Post
Office Bakali, Tesil Ladwa, Kurukshetra (Haryana) 136132
2. B.B.Sharma Son of Shri Nand Lal Sharma, aged 70 years, Senior
Superintendent - Grade 'B' (Retired), resident of House No.580,
Housing Board Colony, Ambala Cantt (Haryana) 133001.
3. Tarsem Lal son of Shrihukam Chand, aged 70 years, Sr.
Superintendent Grade 'B' (Retired), resident of Plot No.97, Pavitar
Nagar, Habowal Kalan, Ludhiana (Pb)-141001
4. V.K.Dhawan son of Shri Y.P.Dhawan, aged 72 years, Sr.
Superintendent Grade 'B' (Retired), resident of House No.B-11-348,
Benzamin Road, Opp. Jain Ice Factory, Ludhiana (Punjab) - 141008.
5. Balbir Singh son of Shri Gurbax Singh, aged 73 years, Senior
Superintendent, Grade 'B' (Retired), resident of H.No.25, Raja Park,
Ambala Cantt - 133001 (Haryana).
....Applicants
(By Advocate: Sh. Manohar Lal)
Versus
1. Union of India through, the Secretary, Ministry of Statistics &
Programme Implementation, (SSS Division), Sardar Patel Bhawan,
Sansad Marg, New Delhi - 110001.
2. The Secretary, Department of Personnel & Training (DOP&T), North
Block, New Delhi-110001.
3. The Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi-110001.
....Respondents
(By Advocate: Sh. A. K. Sharma).
3. O.A. No.60/350/2019
1. Mohan Lal son of Shri Chiranji Lal, aged 70 years, Sr.
Superintendent Grade 'B' (Retired), resident of # D-001 Jaipuria
Sunrise Green, VIP Road, Zirakpur-140603 (Pb).
2. Dev Raj son of Shri Parmi Lal, aged 70 years, Sr. Superintendent
Grade 'B' (Retired), resident of VPO Kesri, Tehsil Barara, District
Ambala -133102 (Haryana).
3. J.S.Madra son of Shri Amar Singh, aged 69 years, Sr.
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Superintendent Grade 'B' (Retired), resident of # 261/11, Shashtri
Nagar, Near Kanch Gar, Ambala City -134003 (Haryana).
4. Harbans Singh son of Shri Harcharan Singh, aged 69 years, Sr.
Superintendent Grade 'B' (Retired), resident of 122-D, BRS Nagar,
Ludhiana - 141012 (Punjab).
5. Balbir Singh son of Shri Diwan Singh, aged 68 years, Assistant
Director, Grade 'B' (Retired), resident of # 2054/B-24, Street No.3,
Kuldeep Nagar, Basti Jodhewal, Ludhiana-141007 (Punjab).
6. Mrs. Madhu Mehta, aged 62 years widow and Legal Heir of late Shri
Anil Kumar Mehta, Assistant Director, Grade 'B' (Retired), resident
of # H-401, Maya Garden, Phase-3, VIP Road, Zirakpur 140603
(Punjab).
7. Krishan Kumar son of Shri Siri Ram, aged 69 years, Senior
Superintendent, Grade 'B' (Retired), resident of # H.No.22/116,
Opp. Backgate Gandhi Market, Panipat - 132103 (Haryana).
8. H.K.Sharma son of Shri Bal Krishan Sharma, aged 69 years, Senior
Superintendent, Grade 'B' (Retired), resident of # H.No.1536, Ward
No.8, Moudgil Niwas, Slapper Road, Kurukshetra - 13118
(Haryana).
9. Diwan Chand son of Shri Roshan Dass, aged 68 years,
Superintending Officer, Grade 'B' (Retired), resident of # H.No.215-
1, Wadhwa House, Model Town, Fatehabad - 125050 (Haryana).
....Applicants
(By Advocate: Sh. Manohar Lal)
Versus
1. Union of India through, the Secretary, Ministry of Statistics &
Programme Implementation, (SSS Division), Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
2. The Secretary, Department of Personnel & Training (DOP&T), North
Block, New Delhi-110001.
3. The Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi-110001
....Respondents
(By Advocate: Sh. A. K. Sharma).
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4. 60/454/2019
1. Gian Chand Son of Soran Singh aged 63 years, Assistant Director-
Group 'B' (Retired), resident of # 3117, New Model Town, Krishna
Nagar, Amin Road, Kurukshetra (Haryana) 136118.
2. Jagdish Lal Saini Son of Shri Rakha Ram, aged 64 years, Assistant
Director, Group 'B' (Retired), resident of House No.7894, Shaeed
Bhagat Singh Nagar, Habowal Kalan, Ludhiana-141002 (Punjab).
3. Brish Bhan Son of Shri Amar Nath, aged 63 years, Assistant
Director, Group 'B' (Retired), resident of House No.07, Inside
Janta Enclave, Post Office Basant Avenue, Ludhiana-141013
(Punjab).
4. Rajinder Kumar Son of Shri Norata Ram, aged 63 years, Assistant
Director, Group 'B' (Retired), resident of Star Colony, Bassi Road,
Sirhind 140406 (Punjab).
5. Sat Pal son of Shri Rakha Partap, aged 63 years, Assistant
Director, Group 'B' (Retired), resident of # 21864, Shiv Mandir
Street, Power House Road, Bathinda (Punjab)-151001.
6. J.S. Handa Son of Shri Puran Singh, aged 64 years, Assistant
Director, Group 'B' (Retired), resident of House No.62, Phase III,
Urban Estate, Patiala 147002 (Punjab).
7. Basant Singh Son of Shri Sadhu Singh, aged 65 years, Assistant
Director, Group 'B' (Retired), resident of House No. 19814, Street
No.20, Ajit Road, Bathinda -151001 (Pb).
8. Jaswant Singh Son of Shri Basta Singh, aged 64 years, Assistant
Director, Group 'B' (Retired), resident of House No.30, Sector 12,
Garden Colony, Kharar - 140301 (Pb).
9. Rajinder Kumar Son of Shri Balak Ram, aged 62 years, Assistant
Director, Group 'B' (Retired), resident of House No.464, Sector 13
Extension, Urban Estate, Karnal 132101 (Haryana).
10. Narain Singh son of Shri Chanan Ram, aged 63 years, Assistant
Director, Group 'B' (Retired), resident of Village Lalpur, Post
Office Bassi Bazid, District Hoshiarpur 144208 (Punjab).
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11. Rakesh Kumar Aggarwal Son of Shri Sat Dev Aggarwal, aged 65
years, Superintending Officer-Group 'B' (Retired), resident of
H.No.3115, Sector 38-D, Chandigarh-160036.
12. Sumit Ahuja, aged 36 years, son and legal heir of Late Sh
G.K.Ahuja, Superintending Officer, Group 'B' (Retired), resident of
House No.28, Motia City, Behind Best Price, Opp. Friends Enclave,
Zirakpur - 140603 (Punjab).
....Applicants
(By Advocate: Sh. Manohar Lal)
Versus
1. Union of India through, the Secretary, Ministry of Statstics &
Programme Implementation, (SSS Division), Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
2. The Secretary, Department of Personnel & Training (DOP&T), North
Block, New Delhi-110001.
3. The Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi-110001
....Respondents
(By Advocate: Sh. A. K. Sharma).
5. 60/647/2019
Gian Chand Son of Shri Daulat Ram, aged 71 years, Statistical
Investigator Gr.II Group 'B' (Retired), resident of Village and Post
Office Bhikhowal, District Hoshiarpur (Punjab) 146001.
....Applicant
(By Advocate: Sh. Manohar Lal)
Versus
1. Union of India through, the Secretary, Ministry of Statistics &
Programme Implementation, (SSS Division), Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
2. The Secretary, Department of Personnel & Training (DOP&T), North
Block, New Delhi-110001.
3. The Secretary, Department of Expenditure, Ministry of Finance,
North Block, New Delhi-110001.
....Respondents
(By Advocate: Sh. A. K. Sharma).
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ORDER
PER: RASHMI SAXENA SAHNI, MEMBER (A)
1. All these five original applications were heard together and are being taken up for disposal by a common order, as was requested by learned counsel for the parties. For convenience facts are taken from the case of Dinesh Kumar & Ors. vs. UOI & Ors. (O.A. No.60/275/2019).
2. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
(b) Respondent's letter dated 12.06.2017 and dated 13.02.2018 (Annexure A-1 and Annexure A-2) be quashed and set aside being arbitrary, illegal and unjust and discriminatory offending Articles 14 & 16 of the Constitution of India;
(c) Directions may kindly be issued to Respondents to grant the second ACP to applicants with effect from 12.02.2002 in the pay scale of Rs. 8000-13500 with all consequential benefits like arrears of pay and pensionary benefits as they have completed the requisite service of 24 years prior to that date and the order dated 18.12.2015 (Annexure A-8) be modified to that extent in respect of the applicants. 12% interest for the delayed payments may also kindly be allowed.
3. Facts of the case are as follows. Applicants joined service of National Sample Survey Organization (Field Operation Division) as Investigators during the period from 01.06.1974 to 19.07.1977 and they were promoted as Assistant Superintendents between 28.02.1983 to 7 31.05.1989. On 12.02.2002, subordinate Statistical Service (SSS) was constituted and all statistical functional posts of National Sample Survey Organization (Field Operation Division) i.e. Superintendents (Rs.6500-10500), Assistant Superintendents (Rs.5500- 9000) and Investigators (Rs.5000-8000) were restructured in 40:60 ratio. Thus, the cadre of Assistant Superintendent of National Sample Survey Organization (Field Operation Division) was re-structured by upgrading 861 posts in the pay scale of Rs.6500-10500 (scale of Superintendents) and applicants were the transferred to Subordinate Statistical Service. On 01.04.2004, they were absorbed as Statistical Investigators Grade-II in the pay scale of Rs.6500-10500, which was the scale of pay of Superintendents.
4. Govt. of India vide OM dated 09.08.1999 introduced the Assured Career Progression (AC) Scheme for the Central Government Civil Employees.
5. As the applicants have already received one regular promotion as Assistant Superintendent, they were entitled to only one financial upgradation under the ACP Scheme read with clarification No.1 dated 10.02.2000 (Annexure A-
3). On completion of 24 years of service, applicants No.1 to 4 were granted the benefit of financial upgardation 8 under ACP Scheme w.e.f. 09.08.1999 and applicant No.5 was granted the benefit w.e.f. 19.07.2011, all in the pay scale of Rs.6500-200-10500. As per para 2 of letter dated 13.11.2017 (Annexure A-4), at the time of constitution of Subordinate Statistical Services (SSS) vide OM dated 30.01.2002, all statistical functional posts of NSSO (FOD) (i.e. Superintendents Rs.6500-10500) (Pre-revised Rs.1640-2900), Assistant Superintendents Rs.5500-9000 (pre-revised Rs. 1600-2660) and Investigator Rs.5000- 8000 (pre-revised Rs.1400-2300) were restructured (In 40:60 Ratio). Thus, the cadre of Assistant Superintendent of NSSO (FOD) was restructured by upgrading 861 posts in the pay scale of Rs.6500-10500 and remaining 527 posts were downgraded in the pay scale of Rs.5000-8000. However, it was specifically decided in the said restructuring that none of the concerned officials shall be put in a hardship. All the applicants were absorbed in the pay scale of Rs.6500-10500. A perusal of Para 4 (ii) of letter dated 13.11.2017 (Annexure A-4) would reveal that on account of restructuring, the post of Assistant Superintendent of NSSO (FOD) stood upgraded from the pay scale of Rs.5500-9000 (pre-revised Rs. 1600-2660) to Rs.6500- 10500, which was the pay scale of a 9 Superintendent, with effect from 12.02.2002 i.e. before absorbing them in Subordinate Statistical Services. As the scales of pay of Assistant Superintendents and Superintendent in Subordinate Statistical Services were merged, the applicants became entitled to grant of second ACP with effect from 12.02.2002 in terms of clarification No. 1 of ACP Scheme (Annexure A- 3). In para 4(iii) of letter dated 13.11.2017, it has been provided as under:-
"Accordingly, Assistant Superintendents would be absorbed and appointed as SI Grade II (Rs.6500-10500) in Subordinate Statistical Services with effect from the same date vide which they were recommended by earlier Selection Committee, so that their ACPS, MACP, Seniority, promotion and retirement benefits settled prior to issue of this OM may remain unaffected."
This provision was contradictory to a subsequent O.M. dated 16.11.2017 (Annexure A-5), which provided for issuing of promotion orders by issuing an ad-hoc promotion order under the old Recruitment Rules of 2002, which the respondents did not comply with harming interest of applicant. They are entitled to regularization from 2002 on the basis of vacancies occurred years wise. 10
6. The pay scales of Rs.5500-9000 and Rs.7450-11000 were non-functional and pay scale Rs.5000-8000 and Rs.6500- 10500 were functional. In effect the scales of pay Rs.5500- 9000 and Rs.7450-11500 (Non-functional) were also counted for purposes of granting the benefit under the ACP Scheme.
7. The justification for inclusion of non-functional scale in the hierarchy for the purpose of granting financial upgradation under ACPS to the SSS was challenged by the All India Association of Statistical Investigators through O.A. No.713/2012 before the Principal Bench of this Tribunal. In compliance to Tribunal's order dated 12.08.2013, the respondents in their OM dated 30.01.2014 (Annexure A-6) modified their earlier OM dated 15.09.2011 as under:
i) ACPS granted to Subordinate Statistical Services incumbents in existing hierarchy, prior to notification of Subordinate Statistical Service (SSS) shall not be adjusted in four tier structure notified vide Subordinate Statistical Service Notification dated 12.02.2002.
ii) ACPs between the period of 12.02.2002 and 31.12.2005 shall be regulated only in Functional grades of Subordinate Statistical Service, i.e. 6500-10500 and Rs.8000-13500 (JTS of 155) in the light of DOP&T OM dated 09.08.1999.11
8. Thus in terms of OM dated 30.01.2014 applicants become entitled to the grant of 2nd financial upgradation in the pay scale of Rs.8000-13500 with effect from 12.02.2002 under the ACPS.
9. In terms of clarification No.1 to ACP scheme, applicants became entitled to the grant of 2nd ACP in the pay scale of Rs.8000-13500 with effect from 12.02.2002 itself as by that date, they have already completed 24 years of regular service. On 18.12.2015, applicants' juniors, who were similarly situated, were granted 2nd ACP with effect from 12.02.2002 in the pay scale of Rs.8000-13500. Applicants, who were senior, were granted the 2nd ACP with effect from 01.01.2006 without specifying the reasons as to why they were discriminated vis-à-vis their juniors (Annexure A-7).
10. Applicants made representations during the period from 11.05.2017 to 30.10.2017 against this discrimination in the grant of 2nd ACP (Rs.8000-13500) to them and to allow it to them with effect from 12.02.2002 (Annexure A-9). Respondents rejected their demand on unrelated and flimsy grounds (Annexure A-1). Applicant No.1 made another representation along-with others pointing out to an 12 earlier occasion of merger of scales of Assistant Superintendent and Superintendent in National Sample Survey Organization (Field Operation Division) before the creation of Subordinate Statistical Service, his representation was again rejected on after-thought reasons.
11. The respondents have filed written statement stating therein that the applicants were absorbed and appointed in SSS as Statistical Investigator Grade II (Rs.6500-10500) (Functional) Group B Non-Gazetted) in Subordinate Statistical Service w.e.f. 01.04.2004, which was rightly treated as 2nd promotion as their initial recruitment was made in the cadre of Investigator (Rs.5000-8000) Group C. Thus, applicants are trying to misconstrue the provisions of Scheme which is not permissible. It has been stated that the applicants were holding posts of Assistant superintendent (Rs.5500-9000) Group B, Non-Gazetted) prior to notification of SSS dated 12.02.2002. On account of formation of SSS, 861 posts of Assistant Superintendent were upgraded in the pay scale of Rs.6500-10500 (Group B Gazetted) and remaining 527 posts were downgraded in the pay scale of Rs.5000-8000 (Group C). Accordingly, these posts were included in Schedule I and III of SSS 13 Notification dated 12.02.2002 (Group B and C). Subsequently, they were placed in the integrated eligibility list of Rs.6500-10500 in terms of respondent No.1 OM dated 13.11.2017 (Annexure A-4) as per their inter-se seniority and absorbed and appointed in SSS as Statistical Investigator Grade II (Rs.6500-10500, Group B Gazetted) with different dates. It has been submitted that the applicant have already earned one regular promotion prior to introduction of ACP Scheme dated 09.08.1999 and granted 2nd ACP in the pay scale of Rs.6500-10500 w.e.f. 09.08.1999 in the then existing hierarchy of NSSO (FOD). Thereafter, their case are not covered under provisions of SSS OM dated 30.01.2014 (Annexure A-6). It has been submitted that the applicants are contesting that their 2nd ACP granted by NSSO (FOD) in the pay scale of Rs.6500- 10500 may be up-graded in the pay scale of Rs.8000- 13500 w. e. f. 12.02.2002 on the same line and principle followed under sub-para (ii) of Para 1 of SSS OM dated 27.03.2014 (Annexure R-3). The provision contained under sub-para (ii) of Para 1 of SSS OM dated 27.03.2014 was applicable only in respect of those officers, who were granted 1st ACP in the pay scale of Rs.5500-9000 in NSSO (FOD) prior to Notification of SSS dated 12.02.2002 and 14 the same pay scale of Rs.5500-9000 was notified as Non- functional pay scale in SSS vide Notification dated 12.02.2002 (Group C). As per condition No. 9 of ACP scheme dated 09.08.1999 (Annexure R-4), pay was required to be fixed under FR. 22 (1) (a) (i) whereas on promotion on Non- functional posts, the pay of concerned officers was required to be fixed under FR. 22 (I) (a) (ii) in the light of this Ministry Order dated 02.08.2006 (Annexure- R-5). Due to this conflicting position, when an officer holding the posts in the pay scale of Rs.5000-8000 (Equivalent to SI Grade IV) (Pre- revised Rs.1400-2300) earns 1st ACP in the pay scale of Rs.5500-9000 (Equivalent SI Grade III, NFSG Group C), the pay is required to be fixed under FR. 22 (1) (a) (i). However, when the same officer, gets his normal promotion as SI Grade III (Rs.5500-9000, NFSG Group C), his pay is required to be fixed under FR. 22 (I) (a) (ii). As a result of this, ACP granted prior to promotion as SI Grade III (Rs.5500-9000) is required to be withdrawn with retrospective effect. This has happened due to the reason that FR. 22 (1) (a) (i) and FR. 22 (1) (a) (ii) work on different footages. In view of this, 1 ACP was upgraded in the pay scale of Rs.6500- 10500 under the provision contained under sub-para (ii) of 15 Para 1 of SSS OM dated 27th March 2014. However, applicants of OA were granted 2nd ACP in the pay scale of Rs.6500-10500 (Rs. 1640-2900) prior to Notification of SSS and they were absorbed and appointed in SSS as Statistical Investigator Grade II(Rs.6500-10500, Group B Gazetted) [Functional]or Statistical Investigator Grade I (Rs. 8450-11500) [NFSG[ w.e.f.01.04.2004. Hence, the case of applicants and anomaly resolved through sub-Para
(v) of Para 1 of this Ministry OM dated 27th March 2014 is entirely different and the same is not comparable.
12. On account of merger of the posts of Statistical Investigator Grade 1 (Rs.7450-11500) and Statistical Investigator Grade II (Rs.6500-10500) in GP of Rs.4600 w.e.f. 01.01.2006, the 2nd ACP of applicants have been revised in the pay scale of Rs.8000-13500 (GP of Rs.5400, PB-3) vide order dated 18.12.2015 (Annexure A-8) w.e.f. 01.01.2006 in revised promotional hierarchy as explained above. This was in accordance with clarification No. 1 of ACP Scheme dated 10.02.2000 (Annexure R-6). So far as junior being granted higher pay scale and emoluments under ACP Scheme is concerned, it is clarified that as per conditions No. 8 of ACP Scheme dated 09.08.1999, juniors can draw higher pay scale and emoluments under ACP. 16 Further, in terms of facts stated above, applicants are not entitled the pay scale of Rs.8000- 13500 under 2nd ACP w.e.f. 12.02.2002 in terms of SSS OM dated 30.01.2014.
13. The respondents have relied on the following case law:-
a. Anwar Hasan Khan vs. Mohd. Shafi (2001) 8 SCC 540 b. Judgment of the Hon'ble Bombay High court in the case of Union of India etc. vs. P.S. Pansora & others (2001) 3 MOMLR 672.
c. Balakrishna Savalram Pujari Waghmare & Ors. vs. Shree Dhyaneshwar Maharaj Sansthan & Ors.
d. State of Uttaranchal and another vs. Sri Shiv Charan Singh Bhandari and others 2013 (6) SLR 629.
e. C. Jacob vs. Director of Geology and Mining and another (2008) 10 SCC 115.
f. Union of India and others vs. M.K. Sarkar (2010) 2 SCC 59.
14. We have considered facts on record and submission of both sides. We find on facts and circumstances the judgments relied upon by the respondents are not applicable in the instant case. We find as per condition No.8 of ACP Scheme dated 09.08.1999 junior can draw higher salary as ACP upgradation is personal to employee and not related to seniority position. Concept of ACP is to prevent stagnation and ensure at least two upgradations to the employee during his service career.
15. We have perused written statement of respondent No.1 dated 17 11.12.2019. As per para 4, the details with reference to applicants are as follows:-
Sl. Name of the Date of Date of 1st Date on which No. applicant (Shri) recruitment as Promotion as absorbed and Investigator Superintendent appointed in (Rs.5000- (Rs.5500-9000) SSS as 8000) Group B Non- Statistical Gazetted Investigator Grade II (Rs.6500- 10500) 01 Dinesh Kumar 13.12.1978 16.10.1987 01.04.2004 02 S. K. Varshney 01.06.1974 05.01.1983 01.04.2004 03 Kuldeep Kumar 27.08.1974 26.10.1985 01.04.2004 04 Jatinder Kumar 28.10.1974 22.02.1985 01.04.2004 05 Nirmal Singh 19.07.1977 31.05.1989 01.04.2004 SSS was constituted on 12.02.2002 and operational w.e.f.
01.04.2004 and applicants were absorbed and appointed in SSS as statistical investigator grade II (Rs.6500-10500 Functional Grade B N.G.) in SSS w.e.f. 1.4.2004, which was treated as second promotion. We find applicants were recruited as Investigator in pay scale of Rs.5000-8000 grade and then promoted as Assistant Superintendent in grade pay of Rs.5300-9000 (grade B) and the absorbed as statistical Investigator Grade II in pay scale of Rs.6500-10500. The respondents have claimed that applicants had already earned one regular promotion prior to introduction of ACP Scheme dated 09.08.1999 and granted 2nd ACP in the pay scale of Rs.6500-10500 w.e.f. 09.08.1999 in the then existing 18 hierarchy of NSSO (FOD). Therefore, their case are not covered under the provision of SSS OM dated 30.01.2014 (Annexure A-1)
16. The respondents in para 7 of their written statement have stated that applicants were appointed and absorbed in SSS as statistical Investigator Grade II (Rs.6500-10500) (Functional) w.e.f 1.4.2004 which was rightly treated as second promotion as their initial recruitment was made in cadre of Investigator in pay scale of Rs.5000-8000 Grade C. However, we do not find merit in this argument. The case of applicants is covered by Principle Bench decision dated 12.08.2013 in O.A. No.713/2012.
17. We find case of applicants will be regulated by provisions of para 3 of OM dated 30.014.2014 (Annexure A-6) i.e. grant of ACPs between 12.02.2002 to 31.12.2003 shall be regulated by functional grade, para reads as under:-
"3. Accordingly, para 13 of this Ministry's OM No. 11024/14/2005-SSS dated: 15 September 2011 shall stand modified as follows:-
(i) ACPS granted to SSS incumbents in existing hierarchy, prior to Notification of Subordinate Statistical Service (SSS) shall not be adjusted in four tier structure Notified vide SSS Notification dated 12th February 2002.
(i) ACI-s between the period of 12.02.2002 and 31. 12.
2005 shall be regulated only in Functional Grades of SSS, ie. Rs. 6500-10500 and Rs. 8000-13500 (JTS of ISS) in the light of DOP&T OM dated 09.08.1999."
18. Promotional hierarchy under 6th CPC is therefore relevant for 19 grant of ACP w.e.f. 12.02.2002. ACP is to be considered in functional grade only. As the grade of 5300-9000 is considered as non-functional hence it has to be ignored for purpose of ACP which must therefore, be granted in next scale of Rs.8000-13500 w.e.f. 12.02.2002.
19. In the light of discussion herein above, the applicants are eligible for grant of ACP w.e.f. 12.02.2002 in the scale of Rs.8000-13500. Respondents are directed to take necessary consequential actions within three months from issue of this order. No interest shall be payable on arrears.
20. The O.As. are allowed. All the pending M.As also stand disposed of. No order to costs. A copy of this order be kept in all connected matters.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA) MEMBER (A) MEMBER (J) /kr/