Central Administrative Tribunal - Delhi
Yad Ram Yadav vs Govt. Of Nctd on 17 May, 2016
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA NO.3134/2012
Reserved on 10.05.2016
Pronounced on 17.05.2016
HON'BLE MR P.K. BASU, MEMBER (A)
HON'BLE DR B.A. AGRAWAL, MEMBER (J)
Yad Ram Yadav,
Retired Statistical Assistant
(under suspension),
S/o Late Shri R.K. Yadav,
Age 61 years, 885, Bawana,
Delhi-39.
...Applicant
(By Advocate: Mr. T.D. Yadav)
VERSUS
1. Govt. of N.C.T.D.,
Through Commissioner
Trade & Taxes,
Vyapaar Bhawan, I.P. Estate,
New Delhi.
2. The Chief Secretary,
Delhi Secretariat,
I.P. Estate, New Delhi.
3. Principal Secretary (Finance)
Delhi Secretariat, I.P. Estate,
New Delhi.
4. The Dy. Director (Planning),
Govt. of NCT of Delhi,
Planning Department,
Level-6, 'B' Wing,
Delhi Sachivalaya,
New Delhi-2. ...Respondents
(By Advocate: Mr. N.K. Rohtagi)
2
:ORDER:
DR BRAHM AVTAR AGRAWAL, MEMBER (J):
The applicant, who superannuated as a Statistical Assistant from the Government of the NCT of Delhi on 30.09.2011, has filed the instant OA claiming implementation of the respondents' Order No.17/2005 dated 28.02.2005 (Annexure A-1) granting him second financial upgradation under the ACP Scheme in the pay-scale of Rs.5500-9000/- w.e.f. 20.07.2002 and consequential benefits flowing therefrom. The said Order reads as under:
"On the recommendation of the Screening Committee constituted for granting financial upgradation under the Assured Career Progression Scheme to Statistical Assistants/Statistical Inspectors, Group C Non-Gazetted in accordance with the instructions contained in OM No.35034/1/97-Estt.(D) dated 9.8.99 of the Government of India, M/o Personnel, Public Grievances and Pensions (Department of Personnel & Training), the Chief Secretary, the appointing authority, is pleased to grant the 1st / 2nd financial upgradation in the next higher pay scale of Rs.5500-9000 to the following Statistical Assistants/Statistical Inspectors w.e.f. the date mentioned against each:"
.....................................
List of Statistical Assistant Granted 2nd Financial Upgradation No. Name Snty. No. Date of Date of Department S/Sh./Smt/Ms as direct eligibility Statistical entry in for Assistant Plg/Stat. A.C.P. Cadre (S.I) x............
2. Yad Ram 327 20.07.78 20.07.02 Sales Tax Yadav ....................................
3
2. The official concerned may be allowed to exercise their option, if any, under FR 22 within one month of the issuance of the order for granting the 1st / 2nd financial upgradation under the Assured Career Progression Scheme.
3. The Head of the Departments are requested to ensure regular service (no break in service) of 12/24 years (for 1st & 2nd financial upgradation) from the date of direct recruitment in the Plg/Stat. cadre in respect of incumbent is complete on the date of accrual of the Assured Career Progression Scheme benefits and clearance from Vigilance and Integrity point of view before formal orders for granting of 1st /2nd financial upgradation by their departments are issued."
2. However, the applicant was placed under suspension on 09.03.2005 and dismissed from service on 08.09.2006 under clause (b) of the second proviso to article 311(2) of the Constitution and faced a criminal case. This Tribunal set aside the said order of dismissal (Tribunal's order was later upheld by Hon'ble High Court) and the criminal case ended in acquittal of the applicant. Disciplinary inquiry was then initiated against the applicant on 05.08.2011, which is still continuing, and the applicant is drawing provisional pension.
3. We have heard the learned counsel for the parties, perused the pleadings as well as the rulings cited at the Bar, and given our thoughtful consideration to the matter.
4. It has been pleaded on behalf of the applicant that he first wrote to the respondent no.1 on 25.10.2005 (Annexure A-2) on coming to know about grant of the aforesaid second financial 4 upgradation under the ACPS, also giving his option under FR22. As he was under suspension, was embroiled in criminal case and had to face order of dismissal, he could not further take up the matter until his retirement from service. Thereafter, he sought information under the RTI Act 2005 and requested again for grant of the said benefit, vide his letter dated 20.04.2012 (Annexure A-
5). It has been further pleaded that as the applicant was not under a cloud at the relevant date, i.e., 20.07.2002, also evidenced by the respondents' letter dated 05.06.2003 (Annexure A-8), he should not have been denied the said benefit.
5. The two-fold defence put forth on behalf of the respondents is : (i) delay in filing the OA; and (ii) lack of vigilance clearance.
6. In our view, the aforesaid defence is not sustainable, as the applicant has shown sufficient cause for not filing his OA within the period of limitation (vide section 21 of the A.T. Act 1985) and his legal right had crystallized by virtue of the Order dated 28.02.2005 (Annexure A-1), i.e., before he was even placed under suspension.
7. In this light of the matter, the OA deserves to succeed. The respondents are directed to calculate and give to the applicant within three months from the date of receipt of a copy of this Order, the arrears due to him on account of grant of the aforesaid 5 benefit. He shall also be entitled to consequential benefits flowing from the said grant.
8. The OA is allowed accordingly. No order as to costs.
(Dr. B.A. Agrawal) (P.K. Basu) Member (J) Member (A) /jk/