Central Administrative Tribunal - Allahabad
Smt Pratibha Singh vs Union Of India on 9 October, 2024
1
Reserved on 07.10.2024
Pronounced on 09.10.2024
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD
Original Application No.1208 of 2011
Present:
Hon'ble Mr. Justice Om Prakash VII, Member-(Judicial)
Hon'ble Mr. Anjani Nandan Sharan, Member- (Administrative)
1. Smt. Pratibha Singh aged about 48 years W/O Shri V K Singh, Resident
of 989/94/2 Lukerganj, Allahabad.
2. Smt Annamma Varghese aged about 52 years W/O Shri C.G. Varghese
Resident of T 3A2/1 Staging Camp, New Cantt, Allahabad.
3. Shri J.P. Pandey aged about 50 years S/O Shri A.B. Pandey, Resident of
109 K/3B Anant Nagar Dhumanganj, Allahabad
4. Shri Ram Bhawan aged about 56 years S/O Late Jhunna Resident of
Village Sarwakaji, P.O. Purab Kashya District Kaushambi (U.P.)
5. Shri R R Singh aged about 59 years S/O Late D.N Singh Resident of Qr.
No 2/5 Staging Camp, New Cantt. Allahabad.
6. Shri Anil Kumar Srivastava aged about 46 years S/O Shri D.N. Prasad
Resident of Qr. No 580/2 Triveni Vihar, New Cantt, Allahabad.
. . . . . . . . . . Applicants
By Advocate: Shri Vinod Kumar Pandey
Versus
1. Union of India through Defence Secretary, Govt., of India, Ministry of
Defence, South Block, New Delhi-110011.
2. Director General of Signals (Sigs 40), General Staff Branch, D.H.Q.P.O.,
New Delhi-110011
3. Chief Record Officer OIC Records, The Records Signals - Pin 901134
C/O 56 Α.Ρ.Ο.
4. Station Commander, Station Headquarters, Headquarters M.P. C & A
Sub Area New Cantt, Allahabad.
5. Principal Controller of Defence Accounts (Central Command) Lucknow
(U.P.)
------------Respondents
By Advocate: Shri Raghvendra Pratap Singh
NEELAM KUMARI SINGH
2
ORDER
Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member-(A) Heard Shri Vinod Kumar Pandey, learned counsel for the applicant and Shri Raghvendra Pratap Singh, learned counsel for the respondents.
2. By way of this original application the applicant has sought the following reliefs:-
"(i) To Issue, a Writ, order or direction in the nature of certiorari to quash the impugned orders dated 29 Jun 2011 communicated vide letter dated 05 Jul 2011 (Annexure-A-1) passed by Respondent No 2.
(ii) To, Issue a Writ, order or direction in the nature of Mandamus directing the Respondents to issue promotional orders from 01/07/2010 and 01/08/2011 respectively i.e. from the date of eligibility and grant Grade Pay of Rs. 4600/- in the Band Pay of Rs. 9300-34800 and pay the arrears of pay and allowances from the date of promotion along with 18% p.a. interest from the date of due amount to the date of actual payment.
(iii) To Issue another writ, order or direction in favour of the applicants as deem fit and proper in the circumstances of the case.
(iv) Award the cost of application in favour of the applicants".
3. The brief facts of the case, as narrated by the applicants are that the applicant nos.1 to 5 were appointed as Civilian Switch Board Operators (In short Civilian Switch Board Operators)/Telephone Operators in the office of respondent no.4 on 12.07.1984 and applicant no.6 was appointed on 01.08.1985 in the pay scale of Rs.260-480 which was applicable from 01.01.1973, the scale was revised in the pay scale of Rs.975-1660 from 01.01.1986 and it was again revised in the scale at par of Rs.3200-4900 from 01.01.1996. By order dated 27.02.2004 of respondent no.1 applicants were granted pay scale prevalent in telecom department from 01.01.1996 and were brought into the Time Bound Promotion Scheme by which applicants are entitled for first promotion on completion of 16 years of service and second NEELAM KUMARI SINGH 3 promotion on completion of 26 years of service. On implementation of order dated 27 Feb 2004 the scheme of Assured Career Progression which was applicable from 09.08.1999 was withdrawn and scheme of Time Bound Promotion scheme was made applicable on the applicants. Thus, applicant Nos.1 to 5 were promoted as Civilian Switch Board Operators Grade-I from 01.07.2000 and applicant No.6 was promoted as CSBO Grade-I from 01.08.2001 in the scale of Rs.5000-8000 on completion of 16 years of service. On revision of Pay under Revised Pay Rules 2008 pay of all the applicants was fixed from 01.01.2006 in the Pay Band of Rs. 9300-34800 plus Grade pay of Rs.4200.
4. It is further submitted by the applicant that on 19.05.2009 Modified Assured Career Progression Scheme was introduced by the Government which was made applicable from 01.09.2008 by which employees are entitled for upgradation on completion of 10, 20 and 30 years of service but this Modified Assured Career Progression scheme was not applicable to the applicants, the Time Bound Promotion Scheme is applicable on the applicants. Some of the Telephone operators became due for second promotion on completion of 26 years of service after 01.01.2006, therefore, they made representations to Respondent No.2 for grant of second Promotion under Time Bound Promotion Scheme and as such they demanded the second promotion under Time Bound Promotion Scheme in the Pay Band of Rs.9300-34800 plus Grade pay of Rs. 4600/-. Respondent No.2 did not acceded the request of the applicants, which was communicated vide letter dated 30.07.2010.
5. It is further submitted by the applicants that applicants made representations to respondent No.2 praying for implementation of Modified Assured Career Progression scheme to the applicants also and they prayed for grant of up gradation on completion of 10, 20 and 30 years of service. Thus, they demanded second up gradation and third up gradation on completion of 20 NEELAM KUMARI SINGH 4 and 30 years of service in the Grade pay of Rs.4600 and 4800. On 29.07.2011 the respondent No.2 denied the Grade pay of Rs.4600 even under Time Bound Promotion Scheme and second promotion under Time Bound Promotion Scheme vide order dated 29-07-2011. Applicant Nos.1 to 5 are entitled for Second promotion on completion of 26 years of service from 01.07.2010 and applicant No.6 is entitled for second promotion on completion of 26 years of service from 01.08.2011 in the grade pay of Rs.4600/- for which applicants are legally entitled. But respondents denied the grade pay of Rs.4600 as well as second promotion which is arbitrary and illegal. Aggrieved by the action of the respondents the applicants have filed the present original application.
6. Per contra the respondents have filed their counter affidavit and submitted that the Civilian Switch Board Operators were granted Time Bound Promotion Scheme after 16 and 26 years of service. The Time Bound Promotion Scheme was introduced in case of Civilian Switch Board Operators on implementation of Court order passed in O.Α. No.450/HR/2002 dated 13.09.2002 (Shri Balraj Singh Vs. Union of India and others). Accordingly, on introduction of Time Bound Promotion Scheme, Assured Career Progression Scheme (financial up gradation to employees on completion of 12 and 24 years of service vide Govt. of India letter dated 09.08.1999) was withdrawn in case of Civilian Switch Board Operators under GS Branch Common Roster. The benefits of Time Bound Promotion Scheme was implemented vide Govt. of India, Ministry of Defence letter dated 27.02.2004.
7. Learned counsel for the respondents further submitted that the Civilian Switch Board Operators Grade-1 (Rs.5000- 8000) were promoted to the post of Tele/SB Supervisor (Rs.5500-175-9000) under Time Bound Promotion Scheme after completion of 26 years service. The pre-revised pay scale of Rs.5000- 8000 and Rs.5500-9000 has been merged under revised pay rules, with a grade pay of Rs.4200/- in Pay Band of Rs.9300-34800. Accordingly, the case NEELAM KUMARI SINGH 5 was taken up with Ministry of Defence for revision of Grade Pay from Rs.4200/- to Rs.4600/ in existing Pay Band in respect of Tele/SB Supervisor. However, the proposal was not agreed to by Ministry of Defence. It is further clarified that Civilian Switch Board Operators is eligible for two financial up gradation under Time Bound Promotion Scheme i.e. first after 16 years and second after 26 years of service vide Govt. of India Ministry of Defence letter dated 27.02.2004 and they were given Time Bound Promotion in the Pay Scale of Rs.5000-8000 and Rs.5500- 9000 w.e.f. 01.01.1996. However, w.e.f. 01.01.2006, 6th CPC Pay scale of Rs.5000-8000 and Rs.5500-9000 got merged and in the 6th CPC they were given a common grade pay of Rs.4200/- in the Pay Band of Rs.9300- 34800 w.e.f. 01.01.2006. Therefore, being similar Pay Band and Grade Pay for Civilian Switch Board Operators Grade-I and Tele/SB Supervisor w.e.f. 01.01.2006, second time bound promotion after 26 years of service has not been sanctioned to Civilian Switch Board Operators as Pay Scale of both category have been put in the similar scale. However, to remove anomaly and to revise grade pay to Tele/SB Supervisor and Civilian Switch Board Operators on their second financial up gradation under Time Bound Promotion Scheme, the case was taken up with Ministry of Defence for revision of Grade Pay from Rs.4200 to 4600 but the proposal was not agreed to by Ministry of Defence as intimated vide IHQ of Ministry of Defence (Army) letter dated 30.07.2010. So far as completing 26 years of service by the applicants and eligibility for second time bound promotion is concerned, is factually correct, but their contention that they are legally entitled for second promotion under time bound promotion scheme in the grade pay of Rs.4600/- from the date of eligibility, is incorrect. The Rules do not provide for grant of higher grade pay of Rs.4600/-. The issue was examined in consultation with AG's Branch/Ministry of Defence and proposal to increase Grade Pay from Rs.4200/- to 4600/-, but not accepted by the Ministry of Defence was accordingly intimated to Civilian Switch Board Operators including applicants.
NEELAM KUMARI SINGH 6
8. In their rejoinder affidavit the applicants have reiterated almost the same facts, which have been given in the original application. In addition, it has been submitted by the applicants that they are eligible for grant of second time bound promotion after completion of 26 years of service.
9. Submissions of the parties have been heard and documents available on record have been gone through.
10. On perusal of the counter affidavit of the respondents, it is observed that the Civilian Switch Board Operators had been covered under Time Bound Promotion Scheme, which assured promotion after 16 and 26 years of service. On introduction of Time Bound Promotion Scheme, Assured Career Progression Scheme (ACPS) was withdrawn in case of Civilian Switch Board Operators. As ACPS was not applicable in respect of Civilian Switch Board Operators, Modified Assured Career Progression Scheme (MACPS) was not made applicable to these employees. As such the Civilian Switch Board Operators are covered under Time Bound Promotion Scheme. It is also seen from the counter affidavit that Civilian Switch Board Operators Grade-I Rs.5000- 8000 are promoted to the post of Tele/SB Supervisor (Rs.5500-175-9000) in normal course or under Time Bound Promotion Scheme after completion of 26 years of service. However, after introduction of 6th Pay Commission w.e.f. 01.01.2006 two scales viz. Rs.5000-8000 and Rs.5500-9000 have been merged under the grade pay of Rs.4200 in pay band of Rs.9300-34800. Revision of grade pay in respect of Tele/SB Supervisor from Rs.4200 to Rs.4600/- was not agreed to by the Ministry of Defence. It has been admitted in the counter affidavit that Civilian Switch Board Operators are eligible for two financial up gradation under Time Bound Promotion Scheme i.e. first after 16 years and second after 26 years of service. However, w.e.f. 01.01.2006 second time bound promotion after 26 years of service has not been sanctioned to Civilian Switch Board Operators as pay scale of two different categories have been put in same scale.
NEELAM KUMARI SINGH 7
11. Para 13 of the Modified Assured Career Progression Scheme reads as under:-
"Existing time-bound promotion scheme, including in-situ promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MASSURED CAREER PROGRESSIONS. However, these Schemes shall not run concurrently with the MASSURED CAREER PROGRESSIONS."
12. Since the respondents have not adopted Modified Assured Career Progression Scheme, Civilian Switch Board Operators are eligible for up- gradation under Time Bound Promotion Scheme only. However, in case of Civilian Switch Board Operators second up-gradation under Time Bound Promotion Scheme becomes irrelevant as there is no higher grade available to them for promotion. Therefore, it is felt that Civilian Switch Board Operators are not getting any opportunity for up-gradation after 26 years of service and they are also not eligible for up-gradation under Modified Assured Career Progression Scheme.
13. In view of the above facts, the original application is disposed of with direction to the respondents to address this anomaly and re-consider the case of the applicants for their promotion to next higher grade after completion of 26 years of service under Time Bound Promotion Scheme within a period of three months from the date of receipt of certified copy of this order. If the respondents decide to adopt Modified Assured Career Progression Scheme in place of Time Bound Promotion Scheme the benefit of Modified Assured Career Progression Scheme should be extended to the applicants. No Costs. All the related MAs stands disposed of.
(ANJANI NANDAN SHARAN) (JUSTICE OM PRAKASH VII)
MEMBER (A) MEMBER (J)
/Neelam/
NEELAM KUMARI SINGH