Central Administrative Tribunal - Allahabad
Arun Kumar vs Revenue on 27 May, 2024
Open Court
Central Administrative Tribunal,
Allahabad Bench,
Allahabad
This the 27th day of May, 2024
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Original Application No. 381 of 2024
1. Arun Kumar aged about 42 years S/o Late Satyapal R/o Mahewa
West Side, Agriculture Institute, Prayagraj-211007, Inspector
CGST & C. Ex. Allahabad.
2. Abhishek Mayank aged about 42 years S/o Brij Lal, R/o H. No.
84,Ward No. 4, Ekta Nagar, Pilibhit, U. P., 42, Inspector, CGST
Meerut..
3. Alok Kumar Shukla aged 41 years S/o Kaushal Kishor Shukla R/o
106, Gokulam Apartment, Damodar Colony, Meerut, 40,
Inspector, Audit Meerut
4. Amit Vishwakarma, Aged about 38, S/o. Om Prakash, R/o C 399,
Sector 22 Noida, Inspector, CGST Meerut.
5. Anand Bhusan aged about 38 years S/o Markandey Singh R/o 3h-
702 Awho Gurjinder Vihar Greater Noida, 37, Inspector, CGST
Meerut.
6. Anant Sagar aged about 37 years S/o Late Shri Ram Singh Sagar
R/o Flat No 23, B, Mansarovar Apartment Sector 61 Noida, 37,
Inspector, CGST Meerut
7. Ashwini Kumar aged about 47 years S/o Shri Uday Shankar
Sharma, R/o Sa 149 A Block Shastri Nagar Ghaziabad, 47,
Inspector, CGST Meerut.
8. Awan Kumar Singh, Aged about 43, S/o Prem Chand Singh, R/o
Flat No 9/37 Palm Olympia Gr-Noida West, Inspector, CGST
Audit Meerut
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9. Details deleted as per the instructions of the Court.
10. Azim Ahmad aged about 39 years S/o Late Mohd. Nezamuddin
Ansari R/o 1762 Tower-I, Avenue, 11 Gaur City-2, Greater
Noida..
11.Bhanu Prakash Baranwal, Age about 43, S/o Ramnath Baranwal,
R/c 301, Gokulam Apartment, Meerut, Inspector, CGST Audit
Meerut.
12. Nitesh Kumar Sharma aged about 38 years S/o Chinta Mani
Sharma R/o Duplex No 2, Green View Modipuram Meerut,
Inspector, CGST Meerut
13. Pramod Kumar aged about 39 years S/o Late Khushi Ram
Sharma, R/o Vill- Veerkhera, Post-Chanderu, Bulandshahr (U.P.),
Inspector, CGST Noida.
14. Pramod Kumar aged about 39 years S/o Uma Shankar R/o Mohd.
Madhinath behind Police Chauki Bareilly, Inspector, CGST
MSEZ
15. Sanjeev Kumar Chauhan aged about 39 years S/o Ompal Singh
R/o 608 Tower 10 Panchsheel Primerose Hapur Road Ghaziabad,
Inspector, CGST Ghaziabad
16. Shalini Nigam aged about 40 years W/o Late Shri Swami Saran
Singh R/o H 603 Raksha Addela Gaur City Greater Noida,
Inspector, Dri Noida
17. Sumit Kumar Tyagi aged about 36 years S/o Arvind Kumar
Tyagi R/o 787/1, Mahaveer Enclave, N. R. Railway Station,
Roorkee, Inspector of CGST, DGGI, Zonal Unit Meerut
18. Uday Kumar Aged about 43, S/o Ashok Lal, R/o T4-105,
Gulmohar Garden Rajnagar Extension, Ghaziabad, Inspector,
CGST Meerut
19. Vasavi Kapil aged bout 39 W/o Kamlesh Kumar Kapil, Duplex
No 2, Green View Modipuram Meerut, Inspector, CGST Meerut
Audit
ASHISH KUMAR 2|Page
20. Bijendra aged about 44 years S/o Ashok Kumar R/o 333-A/3,
Vishnupuram, Dhupiyana Road, Meerut, Inspector CGST Meerut
21. Shiv Shankar aged about 40 years S/o Late Shri Rakesh Kumar
R/o 202, Ananda Apartment, Ranibagh, Nainital.
22. Sunil Kumar Yadav aged about 43 years S/o Late Shri Hari Lal
Yadav, R/o 215, Sparsh Green Apartment Green Park Bareilly,
Inspector, CGST Meerut
23. Details deleted as per the instructions of the Court.
24. Vikash Kumar aged about 50 years S/o Late Shri Gopal Jee R/o
A 401 Green View Height, Raj Nagar Ghaziabad, Inspector,
CGST Ghaziabad
25. Kuldeep Singh aged about 43 years S/o Devendra Singh, R/o
Village - Shahpur Jainpur, Rohta Road, Meerut - 250502,
Inspector, Customs Noida.
26. Vishwas Singh Meena aged about 37 years S/o Heera Lal Meena
R/o Shristi Crossing, Republic, NH-24, Ghaziabad, Inspector
CGST Meerut.
27. Santosh Kumar aged about 44 years S/o Late Shri Naipal Singh
R/o 1208 Sg Benefit Govindpuram Ghazaiabad, Inspector, CGST
Meerut.
28. Kaushal Kumar aged about 47 years S/o Ravindra Pal Singh R/o
494, Prabhat Nagar, Meerut, Inspector CGST Meerut.
.,........... APPLICANTS
By Advocate: Shri S. K. Vishwakarma
Versus
1. The Union of India, through the Secretary Revenue, Ministry of
Finance, Department of Revenue, New Delhi-110001.
2. The Chairman, Central Board of Indirect Taxes and Customs,
North Block, New Delhi-110001.
ASHISH KUMAR 3|Page
3. The Principal Chief Commissioner (Cadre Controlling Authority),
Central GST and Central Excise, Zone-Lucknow, 8, Ashok Marg,
Lucknow-226001.
4. The Chief Commissioner, CGST & Central Excise, Zone-Meerut,
Mangal Pandey Nagar, Meerut-250005.
5. The Principal Commissioner, CGST & Central Excise-Meerut.
6. The Commissioner, CGST & Central Excise(Audit)-Meerut.
7. The Principal Commissioner, CGST & Central Excise-Noida.
8. The Principal Commissioner, CGST & Central Excise-Ghaziabad.
9. The Principal Commissioner, CGST & Central Excise-Lucknow.
10.The Commissioner, CGST & Central Excise(Audit)- Noida.
11.The Director, DGGI-Meerut Zone.
12.The Commissioner, Customs-Noida.
13.The Commissioner, Customs, Lucknow.
14.The Commissioner, CGST & Central Excise, Allahabad.
..........RESPONDENTS
By Advocate: Shri Chakrapani Vatsyayan
ORDER
(Delivered by Hon'ble Mr. Justice Om Prakash VII, Member (J) Shri S. K. Vishwakarma, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents, are present at the time of hearing on admission.
2. The instant original application has been filed seeking following relief:
"a) That this Hon'ble Tribunal be pleased to hold and declare that the applicants are entitled to be placed and have their pay fixed in the Non-Functional Grade (NFG) Grade Pay of Rs. 5400/- Pay Band - II, with effect from the dates that they had completed four years of regular service in the Grade Pay of Rs. 4800/- (or equivalent pay scale)with all consequential benefits.
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b) That this Hon'ble Tribunal be pleased to issue a
suitable time-bound order or direction to the
respondents to release the entire arrears of salary and other emoluments payable to the applicants as a consequence of the aforesaid grant of the Grade Pay of Rs. 5400/- to them from the due date, along with reasonable rate of interest.
c) That this Hon'ble Tribunal be pleased to award the cost of Original Application to the applicant.
d) That this Hon'ble Tribunal be pleased to issue any other order as deem just and proper.
3. The facts of the case, in brief, are that the applicants are working on the post of Inspector under the respondents.
3.1. Pursuant to recommendations of 5th CPC, Assured Career Progression Scheme (ACP) was introduced by the Government of India vide DoP&T O.M. dated 9.8.1999 to alleviate the grievances of the employees, who were stagnating in service without promotion and under the said ACP Scheme, the employees were entitled to get two financial up-gradations at the intervals of 12 years and 24 years of services. The said ACP scheme came to be replaced by Modified Assured Career Progression Scheme (MACP) wherein the employees were made entitled to get three financial up-gradations at the intervals of 10, 20 and 30 years of satisfactory service with a rider that in the meanwhile the employee could not get any promotion.
3.2. It is averred in the O.A. that the applicants while working as Inspector were granted financial up-gradation under MACP scheme after 10 years of regular service with by placing them in the pre- revised pay scale of Grade Pay of Rs. 4800/- meant for the cadre of Superintendent on non-functional basis. Precisely, the Applicant No.1 i.e. Arun Kumar was initially appointed as Inspector on 18.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 18.12.2019 with G.P. 4800/- and after completing four years in G.P. 4800/- on 18.12.2023, he is entitled for ASHISH KUMAR 5|Page Non Functional Grade of Rs. 5400/-. The Applicant No.2 i.e. Abhishek Mayank was initially appointed as Inspector on 10.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 10.12.2019 with GP 4800/-, and on 10.12.2023, he is entitled for Non Functional Grade of Rs. 5400/-. The Applicant No.3 i.e. Alok Kumar Shukla was initially appointed as Inspector on 21.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 21.12.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 21.12.2023, he is entitled for Non Functional Grade of Rs. 5400/-. The applicant no.4 i.e. Amit Vishwakarma was initially appointed as Inspector on 17.11.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 17.11.2019 with G.P. 4800/- and after completing four years in G.P. 4800/- on 17.11.2023 he is entitled for Non Functional Grade of Rs. 5400/-. The Applicant No.5 i.e. Anand Bhushan was initially appointed as Inspector on 11.04.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 11.04.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 11.04.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No.6 i.e. Anant Sagar was initially appointed as Inspector on 31.08.2009 and the applicant got his first promotion after 10 years of regular service on 31.08.2019 with G.P. 4800/- and after completing four years in G.P. 4800/- on 31.08.2023, he is entitled for Non-Functional Grade of Rs. 5400/-. The Applicant No.7 i.e. Ashwini Kumar was initially appointed as Inspector on 27.10.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 27.10.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 27.10.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No.8 i.e. Awan Kumar Singh was initially appointed as Inspector on 29.09.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 29.09.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 29.09.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No.9 Details has been deleted as per the instructions of the Court. The Applicant ASHISH KUMAR 6|Page No.10 i.e. Azim Ahmad was initially appointed as Inspector on 22.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 22.12.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 22.12.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 11 i.e. Bhanu Prakash Baranwal was initially appointed as Inspector on 31.08.2003 and got his first financial up-gradation under MACP after 10 years of regular service on 31.08.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 31.08.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 12 i.e. Nitesh Kumar Sharma was initially appointed as Inspector on 15.09.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 15.09.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 15.09.2023, he is entitled for non functional grade of Rs. 5400/. The Applicant No. 13 i.e. Pramod Kumar was initially appointed as Inspector on 16.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 16.12.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 16.12.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 14 i.e. Pramod Kumar was initially appointed as Inspector on 31.08.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 31.08.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 31.08.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 15 i.e. Sanjeev Kumar Chauhan was initially appointed as Inspector on 29.12.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 29.12.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 29.12.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 16 i.e. Shalini Nigam was initially appointed as Inspector on 09.01.2009 and got his first financial up- gradation under MACP after 10 years of regular service on 09.01.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 09.01.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 17 i.e. Sumit Kumar Tyagi was initially ASHISH KUMAR 7|Page appointed as Inspector on 28.08.2009 and got his first financial up- gradation under MACP after 10 years of regular service on 28.08.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 28.08.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 18 i.e. Uday Kumar was initially appointed as Inspector on 09.02.2009 and got his first financial up- gradation under MACP after 10 years of regular service on 09.02.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 09.02.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 19 i.e. Vasavi Kapil was initially appointed as Inspector on 30.12.2009 and got his first financial up- gradation under MACP after 10 years of regular service on 30.12.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 30.12.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 20 i.e. Bijendra was initially appointed as Inspector on 23.11.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 23.11.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 23.11.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 21 i.e. Shiv Shankar was initially appointed as Inspector on 16.11.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 16.11.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 16.11.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 22 i.e. Sunil Kumar Yadav was initially appointed as Inspector on 30.10.2009 and got his first financial up-gradation under MACP after 10 years of regular service on 30.10.2019 with G.P. 4800/- and after completing four years in GP 4800/- on 30.10.2023, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 23 Details deleted as per the instructions of the Court. The Applicant No. 24 i.e. Vikas Kumar was initially appointed as Inspector on 15.02.2010 and got his first financial up-gradation under MACP after 10 years of regular service on 15.02.2020 with G.P. 4800/- and after completing four years in GP 4800/- on 15.02.2024, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 25 i.e. Kuldeep Singh was ASHISH KUMAR 8|Page initially appointed as Inspector on 01.12.2010 and got his first financial up-gradation under MACP after 10 years of regular service on 01.12.2020 with G.P. 4800/- and after completing four years in GP 4800/- on 01.12.2024, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 26 i.e. Vishwas Singh Meena was initially appointed as Inspector on 20.05.2010 and got his first financial up-gradation under MACP after 10 years of regular service on 20.05.2020 with G.P. 4800/- and after completing four years in GP 4800/- on 20.05.2024, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 27 i.e. Santosh Kumar was initially appointed as Inspector on 29.09.2006 and got his first financial up- gradation under MACP after 10 years of regular service on 29.09.2016 with G.P. 4800/- and after completing four years in GP 4800/- on 29.09.2020, he is entitled for non functional grade of Rs. 5400/-. The Applicant No. 28 i.e. Kaushal Kumar was initially appointed as Inspector on 04.01.2008 and got his first financial up- gradation under MACP after 10 years of regular service on 04.01.2018 with G.P. 4800/- and after completing four years in GP 4800/- on 04.01.2022, he is entitled for non functional grade of Rs. 5400/-..Learned counsel for the applicants submits that the applicants while working on the post of Inspector were granted the benefits of financial upgradations under the ACP Schemes that had the effect of placing them in the pre-revised pay scale of Rs. 6500-10500/7500- 12000, or granting them in the Grade Pay of Rs. 4800/- (meant for the cadre of Superintendents), on Non-Functional Basis w.e.f. the due date that was different for different applicants. Learned counsel also submits that the post of Inspector under the aforesaid department has been classified as Group 'B' (Non-Gazetted) post whereas the post of Superintendent has been classified as Group 'B' (Gazetted) post.
3.3. Ministry of Finance (Department of Expenditure) issued a resolution dated 29.8.2008 forming a part of the Central Revised Pay Rules, 2008 which provides as under:-
"Group B officers of Department of Posts, Revenue etc. will be granted Grade Pay of Rs. 5400/- in PB-2 on non-functional ASHISH KUMAR 9|Page basis after 4 years of regular service in the Grade pay of Rs. 4800/-"
3.4. Ministry of Finance issued another letter dated 21.11.2008 whereby certain clarification has been issued. The letter dated 21.11.2008 runs as thus:-
"Department of Expenditure have now clarified that the 4 year period is to be counted w.e.f. the date on which an officer is placed in the pay scale of Rs. 7500-12000/- (pre-revised). Thus, if an officer has completed 4 years on 1.1.2006 or earlier, he will be given the non-functional up-gradation w.e.f. 1.1.2006. If the officer completed 4 years on a date after 1.1.2006, he will be given nonfunctional up-gradation from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre-revised)."
3.5. Another clarification has been issued on 11.2.2009 in consultation with the Department of Expenditure, which reads as under:-
"......Non-functional up-gradation to the grade pay of Rs. 5400/- in the pay band-2 can be given on completion of 4 years of regular service in the grade pay of Rs. 4800/- in PB-2 (pre- revised) scale of Rs. 7500-12000/- after regular promotion and not on account of financial up-gradation due to ACP." "Thus it is clear that the officers who got the pre-revised pay scale of Rs. 7500-12000/- (corresponding to grade pay of Rs. 4800) by virtue of financial up-gradation under ACP will not be entitled to the benefit of further non-functional up-gradation to the prerevised pay scale of Rs. 8000-13500/- (corresponding to Grade pay of Rs. 5400) on completion of 4 years in the pre- revised pay scale of Rs. 7500-12000/-"
3.6. It is pleaded in the O.A. that the aforesaid clarification was assailed before Madras Bench of this Tribunal by one Sri M. Subramaniam by filing O.A. No. 167 of 2009, which came to be dismissed vide judgment and order dated 19.4.2010. Thereafter, the ASHISH KUMAR 10 | P a g e applicant, therein, had assailed the said order before Hon'ble Madras High Court by filing Writ Petition No. 13225 of 2010, which came to be allowed vide judgment and order dated 6.9.2010 by quashing the order of the Tribunal dated 19.4.2010 with a direction to the respondents to extend the benefit of Grade Pay of Rs. 5400/- to the petitioner, therein, w.e.f. the date he had completed 4 years of regular service in the pre-revised pay scale of Rs. 4800/- as per the resolution dated 29.8.2008.
3.7. Being dissatisfied, the respondents went to Hon'ble Supreme Court for judicial scrutiny by filing Civil Appeal No. 8883 of 2011, which came to be dismissed vide judgment and order dated 10.10.2017. Thereafter, Union of India had filed Review Petition, which too came to be dismissed vide judgment and order dated 23.8.2018 and now the matter attains finality.
3.8. Learned counsel for the applicants has placed reliance the decision rendered by Lucknow Bench of this Tribunal in O.A. No. 545 of 2018 decided on 18.12.2018 in support of his claim. He has also relied upon the judgment rendered by Allahabad Bench of this Tribunal in O.A. Nos. 753 of 2022 decided on 18th May, 2023, 832 of 2023 decided on 06th October, 2023, 293 of 2023 decided on 24th August, 2023, 629 of 2023 decided on 22nd August, 2023, etc. and prays that the instant O.A. be also decided in the light of the observations made in the cited O.As.
4. Per-contra, learned counsel for the respondents has not disputed that the controversy involved in the instant O.A. is similar to the earlier decisions rendered by this Tribunal in catena of cases. However, he has submitted that the benefit of earlier judgments can be given to the applicants only if they are found eligible for the same.
5. We have heard the learned counsel for the parties at length and perused the pleadings available on record.
6. The short question involved in this case is that whether the applicants, who have completed four years service in the Grade Pay of Rs. 4800/- are entitled to get the Grade Pay of Rs. 5400/- or not?
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7. Since the issue, in hand, has already attained finality up to the Hon'ble Supreme Court and as such there is no necessity to give time to the respondents to file their response/Counter Reply by keeping the O.A. pending for long. We may also observe that the judgment passed by Hon'ble Madras High Court in the case of M. Subramaniam, which has been affirmed by Hon'ble Supreme Court is not a judgment in 'personam' but a judgment 'in rem'. We have also carefully perused the judgments as annexed by the learned counsel for the applicants in the O.A. As such, a prayer has been made that the instant O.A. be also disposed of in the light of the directions given by Hon'ble Madras High Court in the case of M. Subramaniam (supra), which has been upheld by Hon'ble Supreme Court.
8. It is absolutely evident from the facts on record that the applicants have got the benefit of financial upgradations after rendering 10 years of regular service so much so that they are absolutely eligible to be granted the benefit of Non Functional Grade (NFG) by placing them in the Grade Pay of Rs. 5400/- due to the fact that they have also completed four years of regular service in the grade pay Rs. 4800/- w.e.f. from the dates as have been already recorded in paragraph 3.2. of this judgment. Furthermore, in the instant case, all the applicants are in service and accordingly they are entitled to be granted the benefit of NFG.
9. In view of the discussions made hereinabove, O.A. deserves to be allowed and is accordingly, allowed at the admission stage itself. The competent authority amongst the Respondents must ensure that the benefit of judgment passed by Hon'ble High Court of Madras in the case of M. Subramaniam, which has been upheld by Hon'ble Supreme Court, be also given to the applicants. Accordingly, they are directed to re-fix the pay of the applicants in the Non-Functional Grade (NFG) Pay Scale of Rs. 9300-34800 in Pay Band - II, with Grade Pay of Rs. 5400/- with all consequential benefits, with effect from the dates that they had completed four years of regular service in the Grade Pay of Rs. 4800/-. All the consequential benefits shall also accrue. The aforesaid exercise must be carried out by the ASHISH KUMAR 12 | P a g e respondents within a period of five months from the date of receipt of certified copy of this order. No costs.
10. All associated MAs stand disposed of.
(Mohan Pyare) (Justice Om Prakash VII)
Member (Administrative) Member (Judicial)
(Ashish)
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