Central Administrative Tribunal - Hyderabad
A Tharakeswara Rao vs M/O Defence on 19 March, 2024
OA/371/2016
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CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA No. 371/2016
HYDERABAD, this the 19th day of March, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Ms. Shalini Misra, Administrative Member
A. Tharakeswara Rao, S/o.Late Sri Satyanarayana,
Aged 57 years, Occ: Fire Engine Driver in BV Yard (V),
CIN.82992, Naval Dockyard, Visakhapatnam.
... Applicant.
(By Advocate: Mrs. A V S Laxmi)
Vs.
1. Union Of India,
Rep. by its Secretary,
Ministry of Defence, South Block,
New Delhi.
2. The Chief of Naval Staff,
Naval Head Quarters, South Block,
New Delhi.
3. The Flag officer commanding in Chief, HQ,
Eastern Naval Command, Visakhapatnam.
4. The Admiral Superintendent,
Naval Base, Naval Dock Yard,
Visakhapatnam.
... Respondents.
(By Advocate: Mrs. M Swarna, Addl.CGSC)
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OA/371/2016
ORAL ORDER
(As per Hon'ble Dr.Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicant is seeking the following relief(s):-
"In view of the foregoing submission, it is just and necessary that this Honourable Tribunal may be pleased to declare the proceeding No. CE/2001/MACP/FF dt.09-02-2016 by 3rd Respondent and the same was communicated to me under letter No.CE/1018/MACP/FFS dt. 15- 02-2016, declining to grant pay scale of Rs.4,000-6,000 under financial upgradation which is given to N. Alagesan and to direct the Respondents to extend 1st ACP in the pay scale of 4000-6000 w.e.f. from 01-10-2005 on completion of 12 years of service and the 2nd MACP in the Grade Pay of Rs.4,200/- w.e.f. 01-10-2013 on completion of 20 years of service and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. I) The brief facts of the case are that the applicant was initially recruited as Fireman Gr-II in the pay scale of Rs.2650-4000(V CPC) on 01.12.1986. Thereafter, he was selected as Fire Engine Driver-II (FED-II) on 01.10.1993. It is submitted that the applicant is entitled for 1st ACP in the pay scale of Rs.4000-6000 w.e.f. 01.10.2005 on completion of 12 years of service and grant of 2nd MACP in the grade pay of Rs.4200 w.e.f. 01.10.2013 on completion of 20 years of service, however, the respondents have not granted the same. Further, it is submitted that the respondents have granted the said financial upgradation to one Mr. N Alagesan, who was appointed as Fire Engine Driver on 25.08.1994 and not to the applicant, who is also a similarly situated person. It is contended that the respondents are treating the appointment of the applicant to the post of Fire Engine Driver as promotion. However, technical resignation to the post of Fireman Gr-II was obtained by the respondents for appointment to the post of FED-II. Therefore, the appointment to the post of FED-II is a direct appointment and not on Page 2 of 5 OA/371/2016 promotion. In this regard, the applicant made Representation dt. 11.12.2015 to the respondents for extending the said financial benefit but the same was rejected vide Proceedings dt. 09.02.2016 and communicated to the applicant vide Letter dt. 15.02.2016. Challenging the same, the applicant has filed the present OA.
3. After notices were issued, the respondents have appeared through their counsel and filed reply opposing the relief. It is submitted that the applicant was initially appointed as Fireman Gr-II on 01.12.1986 and subsequently, he was promoted to the post of FED-II on 01.10.1993 through Departmental Promotion Committee(DPC) and not on direct recruitment basis, as claimed by the applicant. The applicant was not granted with 1st financial upgradation under Assured Career Progression(ACP) Scheme, as he was already promoted from Fireman Gr-II to FED-II. The ACP Scheme clearly states that two financial upgradations shall be available only if no regular promotions during the prescribed period(i.e. 12 and 24 years) have been availed by an employee. If an employee has already got one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service. The Modified Assured Career Progression(MACP) was introduced by the Govt. of India and, as per the said Scheme, during the service, three financial upgradations shall be admissible on completion of 10,20 & 30 years of regular service. However, promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pays due to merger of pay scales/upgradation of post shall be ignored for the purpose of granting upgradations under MACP Scheme. Accordingly, the applicant was granted Page 3 of 5 OA/371/2016 with 1st and 2nd financial upgradations under MACP Scheme w.e.f. 01.09.2008 & 01.09.2018 with Grade Pay of Rs.2000 and Rs.2400 respectively. Further, the applicant will be eligible for 3rd financial upgradation w.e.f. 01.12.2016. With regard to Mr. N Alagesan, he was appointed as FED-II w.e.f. 25.08.1994 through Direct Recruitment and, on completion of 12 years of regular service, he was granted with 1st financial upgradation under ACP Scheme in the higher pay scale of Rs.4000-6000 as he did not get any promotion. Subsequently, he was granted with 2nd financial upgradation under MACP with Grade Pay of Rs.4200 on completion of 20 years of regular service i.e. w.e.f. 25.08.2014. The applicant herein was promoted from Fireman Gr-II to FED-II through DPC and he cannot compare himself with Mr. N Alagesan, who was appointed as FED-II through direct recruitment. Therefore, the applicant is not entitled for the relief prayed for in the OA.
4. Heard the learned counsel for the parties and perused the pleadings on record.
5. I) The learned counsel for the applicant strongly argued that the respondents have obtained Technical Resignation from the applicant while appointing him as FED-II from Fireman Gr-II. If the appointment to the said post is on promotion, there is no need of such formality. Hence, the applicant's case has to be treated from 01.10.1993 for grant of financial upgradations and he is eligible for grant of 2nd MACP with Grade Pay of Rs.4200 on par with Mr. N Alagesan. On the other hand, the learned counsel for the respondents vehemently opposed the submissions of the applicant's counsel and stated that Mr. N Alagesan was appointed on direct recruitment as Page 4 of 5 OA/371/2016 FED-II but the applicant was promoted to the post of FED-II through DPC and, therefore, the applicant is not eligible for the said benefit.
II) It is to be noted that the applicant was appointed as Fireman Gr-II on 01.12.1986 and, thereafter, he was promoted to the post of FED-II on 01.10.1993 through DPC. He was granted with 2nd MACP with Grade Pay of Rs.2400 w.e.f. 01.09.2008 and he is eligible for the 3rd MACP w.e.f. 01.12.2016. It is also to be noted that Mr. N Alagesan was appointed as FED- II on direct recruitment basis and, therefore, he was granted 1st financial upgradation under ACP Scheme in the higher pay scale of Rs.4000-6000 and 2nd financial upgradation under MACP with Grade Pay of Rs.4200. Therefore, the applicant cannot compare himself with the said employee. If at all the applicant is getting less pay, he has to find out an appropriate remedy. In view of the above, we do not find any merit in the matter and the OA is dismissed accordingly. There shall be no order as to costs.
(SHALINI MISRA) (Dr. LATA BASWARAJ PATNE)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/Ram/
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