Central Administrative Tribunal - Delhi
Shri Jiwan Singh vs Union Of India ( Through Secretary) on 27 November, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No.865 of 2009
New Delhi this the 27th day of November, 2009
Honble Shri Shailendra Pandey, Member (A)
Honble Dr. Dharam Paul Sharma, Member (J)
Shri Jiwan Singh,aged about 50 years,
P.No.13649892,
S/o Late Shri Khadak Singh,
Working as Cook in Group C post of Defence Civilian
under 510 Army Base Workshop MGOs Branch AHQ,
Ministry of Defence,
R/o H.No.71, Shakya Puri,
Kanker Khera,
Meerut,
.... Applicant
(By Advocate: Shri V.P.S.Tyagi)
VERSUS
1. Union of India ( through Secretary),
Ministry of Defence,
South Block,
New Delhi.
The Controller General of Defence Account,
West Block-V,
R.K.Puram,
New Del;hi.
The Director General of EME (Civ),
MGOs Branch, AHQ,
DHQ P.O. New Delhi.
The Controller of Defence Accounts(Army),
Belvadier Complex,
Meerut Cantt. (U.P)
The Commandant,
510 Army Base Workshop,
Meerut Cantt. (UP)
.. Respondents
(By Advocate: Shri R.N.Singh)
O R D E R
Dr. Dharam Paul Sharma, Member (J) The applicant has filed this application under Section 19 of Administrative Tribunals Act, 1985 seeking direction to the respondents to accord the appropriate grade and pay scale on grant of Ist ACP w.e.f. 9.8.1999 in the scale of Rs.4000-6000 and 2nd ACP w.e.f. 30.9.2004 in the scale of Rs.4500-7000 with all consequential effects thereof along with interest @12% p.a. from the date it becomes due till it is paid.
2. The applicant was initially appointed as Civilian Cook non-combatant un-enrolled in 6 para Regt. Agra w.e.f. 28.9.80 and on completion of his term of engagement, the applicant was adjusted under surplus and deficiency Scheme in the same grade and pay w.e.f. 28.9.82 and posted to 510 Army Base Workshop, Meerut Cantt. Since then he is continuing in the same Workshop in the grade of Civilian Cook as Defence Civilian Non-Industrial Category in EME Battallion under Respondent No.5. The applicant was granted the pay scale of Rs.3050-4590 w.e.f. 1.1.96 as replacement scale on Vth Central Pay revision. The Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi issued OM No.35034/1/97-Estt (D) dated 9.8.1999 introducing Assured Career Progression Scheme (ACP) for Central Govt. Civilian employees. Under the said Scheme, two financial upgradations on completion of 12 years and 24 years of regular service are required to be given to the applicant. As certain anomalous situations arose in the implementation of said Scheme, the same were referred to the DOPT for clarification where upon the DOP & T issued another OM vide F No.35034/1/97-Estt (D) Vol. II dated 10.02.2000 clarifying the issues regarding implementation of the ACP Scheme as mentioned therein. Clarification NO.10 of the ACP Scheme is relevant to the matter in hand, as it relates to the isolated posts. The applicants case is that he is a Civilian Cook which is an isolated post having no promotional avenues and for such isolated post, under Clarification No.10 of the said ACP Scheme, it is provided that For isolated posts the scale of pay shall be the same as those applicable for similar posts in the same Ministry/Department/Cadre except where the Pay Commission has recommended specific pay scales for mobility under ACPs. Such specific cases may be examined by respective ministries/departments in consultation with the Department of Personnel and training. In case of remaining isolated posts, the pay scales contained in Annexure-II of the OM dated 09.08.99 (ACPs) shall apply.
3. The applicant has been given Ist. financial upgradation in the scale of Rs.3200-4900 in the non-existent grade w.e.f. 09.8.99 and on grant of 2nd ACP his pay has been fixed in the pay scale of Rs.4000-6000 w.e.f. 30.9.2004. The applicants case is that his pay fixation on accord of financial upgradations is contrary to Clarification No.10 of the DOP &T OM dated 10.2.2000. The applicant has referred to the Ministry of Defences Communication No.11(1)/2002/D (Civ) dated 20.5.2003 whereby Presidential sanction has been granted in the matter regarding restructuring of Cadre of Artisan Staff in Defence Establishment providing the following scales:-
(i) Skilled Rs. 3050-4590 (ii) Highly Skilled Rs. 4000-6000 (iii) Master Creaftman Rs. 4500-7000
4. The claim of the applicant is that according to this, he should be given Ist. financial upgradation/ACP benefits in the scale of Rs.4000-6000 w.e.f. 9.8.99 and the IInd. financial upgradation/ACP in the pay scale of Rs.4500-7000 w.e.f. 30.9.2004. Instead of that the respondents have given Ist financial upgradation in the pay scale of Rs.3200-4900 w.e.f. 9.8.99 and IInd financial upgradation in the pay scale of Rs.4000-6000 w.e.f. 30.9.2004 which is a non-existent grade.
5. At the hearing, the learned counsel for the applicant contended that the applicant is holding the isolated post and since he belongs to skilled category, he is entitled to the benefit of the modified scales upon restructuring of the cadre of Artisan Staff in Defence Establishment. Accordingly, he should have been given the Ist financial upgradation in the pay scale of Rs.4000-6000/- and not the pay scale of Rs.3200-4900/- as has been granted to the him. Had he been given the Ist financial upgradation in the pay scale of Rs.4000-6000, the IInd financial upgradation would have been in the pay scale of Rs.4500-7000 as against the pay scale of Rs.4000-6000. He emphasized in this regard that the respondents have admitted that he is holding an isolated post and as such he would be entitled to the benefits of Clarification No.10 referred to above.
6. The learned counsel for the respondents controverted the contentions put forth by the applicants counsel stating that the applicant, though holding the isolated post, does not belong to skilled category to which Communication dated 20.5.2003 pertaining to restructuring of cadre of Defence Artisan Staff is applicable. The post of Civilian Cook has not been categorized as Skilled and if it does not belong to the skilled category, the applicant is not entitled for the skilled category grade as claimed by him. Furthermore, as per the Clarification, his case falls in the residuary clause II of the said Clarification which is applicable to the applicants case. Accordingly, while granting the Ist. financial gradation the pay scale of Rs.3200-4900/- has rightly been granted to the applicant. The learned counsel have also drawn our attention to the grounds taken in the application and stated that the applicant has not made out any case for relief as prayed by him.
8. We have given our carefully consideration to the respective submissions of both the parties and have also carefully gone through the records of the case.
9. The whole issue revolves around the correct scope and ambit of Clarification No.10 which reads as follows:-
10. For isolated posts, the scale of pay for ACPS as recommended by the Pay Commission may be implemented and not the standard /common pay-scales indicated vide Annexure-II of the Office Memorandum dated August 9,1999. For isolated posts, the scales of pay for ACPS shall be the same as those applicable for similar posts in the same Ministry/Department/Cadre except where the Pay Commission has recommended specific pay scales for mobility under ACPS. Such specific cases may be examined by respective Ministries/Departments in consultation with the Department of Personnel and Training. In the case of remaining isolated posts, the pay scales contained in Annexure-II of the Office Memorandum dated August 9, 1999 (ACPS) shall apply.
10. A careful analysis of the said Clarification reveals that if the post is an isolated post, for ACP the pay scale would be the same as applicable to the similar post in the same Ministry/Department/Cadre. There is exception to this where the Pay Commission has recommended specific pay scales for mobility under ACPS. No such specific pay scale for mobility under ACPS was recommended in this case. Besides, such specific cases are required to be examined by the concerned Ministries/Departments in consultation with DOP & T. The applicant has not been able to point out that he belongs to such an isolated post to which for ACP the same pay scale would be applicable as is applicable to the similar post in the Ministry/Department/Cadre. Since the case of the applicant does not fall in the Ist Clause of the aforesaid Clarification, his case would necessarily have to be examined under the IInd Clause in respect of which the said Clarification provides that for remaining isolated posts, the pay scales contained in Annexure-II of OM dated 9.8.99 would apply. Accordingly, the respondents have accorded him the next higher scale while granting the Ist. financial upgradation as provided in the said Annexure i.e. being Rs.3200-4900. The fact that such scale does not exist in the normal hierarchy, would not be material for pay scale for mobility under ACPS. In these proceedings, the applicants case for ACPS would be governed by OM dated August 9,1999 and his case falls in residuary Clause II of said Clarification.
11. In view of the aforesaid, we do not find any merit in this application and the same is dismissed accordingly. No order as to costs.
(Dharam Paul Sharma) (Shailendra Pandey) Member (J) Member (A) /usha/