Central Administrative Tribunal - Jabalpur
P.N. Giri vs The Union Of India Through It S Secretary on 17 March, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.370 of 2013
Original Application No.371 of 2013
Original Application No.372 of 2013
Jabalpur, this Thursday, the 17th day of March, 2016
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
DR. MURTAZA ALI, JUDICIAL MEMBER
1. P.N. Giri, s/o B.P. Giri, aged about 46 years, resident of H.No.37-A,
Kasturba Nagar, Bhopal, M.P. 462011.
2. Anil Kumar K, s/o late K.K. Pillai, aged about 43 years,
Resident of H.No.59-A, Awadhpuri, Khajurikalan,
Piplani, P.O. Bhopal, M.P. 462011.
3. Ashok Kumar Yadav, s/o late Ram Singh Yadav,
Aged about 46 years, R/o Ward No.15, Sharda Colony,
Malakhedi Road, Hoshangabad, M.P. 461001.
4. Dinesh Kumar Mishra, s/o Shri Ram Narayan Mishra,
Aged about 49 years, r/o G-7/26, Noth T.T. Nagar, Bhopal, M.P 462011.
5. Sunil Khare, s/o Shri D.E. Khare, r/o Type-III/48, CPWD Colony,
Bharat Ngar, Shahpura, Bhopal, M.P. 462011.
6. Anil Kumar O.R., s/o Shri Raman Nair, r/o Sarvadharam Colony,
Kollar Road, Bhopal 462011. -Applicants in O.A 370/2013
Hari Shanker Gour, s/o Shri R.P. Gour, aged about 44 years,
R/o P&T Colony, Jawaher Chowk, Kotra,
Bhopal, M.P 462011 -Applicant in O.A 371/2013
Rajendra Kumar Magare, s/o Shri Shankar Rao Magare,
Aged about 53 years, R/o Type II/18, CPWD Colony,
Bharat Nagar, Bhopal, M.P. 462011. -Applicant in O.A 372/2013
(By Advocate - Shri Abhilash Dey in all three O.As)
V e r s u s
1. The Union of India through its Secretary,
Government of India, Ministry of Health & Family Welfare,
Nirman Bhawan, New Delhi, India, 110001.
2. The Director General of Health Services,
Nirman Bhawan, New Delhi - 110011.
3. The Director, National Vector Borne Deceased Control Programme,
22-Sham Nath Marg, Delhi - 110054.
4. The Sr. Regional Director,
Regional Office for Health & FW, 32, Purjor House,
M.P. Nagar, Zone-I, Bhopal M.P 462003.
5. The Administrative Officer,
Regional Office for Health & FW, NVBDCP, 32, Purjor House,
M.P. Nagar, Zone-I, Bhopal M.P 462003. -Common Respondents
(By Advocate -Shri S.P.Singh in all three O.As)
(Date of reserving order:15.3.2016)
COMMON ORDER
By G.P.Singhal, AM.-
MA 397/2013 filed by the applicants in O.A 370/2013 for joining together is allowed.
2. By filing these Original Applications, the applicants have challenged the order dated 5.4.2013, whereby the benefits of Modified Assured Career Progression (for brevity MACP) Scheme granted to the erstwhile Malaria Operational Field Research Scheme (for brevity MOFRS) employees has been withdrawn w.e.f. 1.9.2008. They have also prayed for direction to the respondents to grant the benefits of MACP from the date of entry in the grade. Since the facts are identical and issue involved is common, all these Original Applications are being disposed of by this common order. For the purposes of this order reference is being made to the facts pleaded and documents annexed with Original Application No.370/2013, unless not specifically mentioned in the order.
3. Applicants were initially appointed on different dates and in different posts like Laboratory Assistant, Library Assistant, Chowkidar-cum-Peon, Driver etc in the scheme known as MOFRS under the respondent No.1. Later this scheme was integrated as National Malaria Eradication Programme (NMEP). Subsequently the President of India sanctioned to create 156 temporary posts under the directorate of NMEP and Regional Offices of Health and Family Welfare and directed that the posts will be filled up by transfer of existing incumbent working under the MOFRS. This had been considered and taken note of by Honble Supreme Court in All India P Falcifarm Welfare Association Vs. Union of India & Ors. [WP (C) No.402/1993].
4. After absorption of the employees of MOFRS, some of them approached Bangalore Bench of this Tribunal by filing Original Application No.595 of 1999 (C.B.Gangadharaiah & others Vs. Union of India and others) seeking for grant of benefit of absorption in the new posts and for a direction to treat them as having been regularly appointed with effect from the date of their initial appointment and to extend them all consequential benefits from their transfer on absorption as per the courts order and the monetary benefits. The said Original Application was allowed by the Bangalore Bench vide order dated 18.10.2000 (Annexure A-10). Union of India took up the decision of the Tribunal to the Honble High Court of Karnataka at Bangalore in Writ Petition No.2722/2001 and the connected cases. In that Writ Petition by way of a common order dated 20.04.2001 (Annexure A-11), Honble High Court of Karnataka upheld the order of the Bangalore Bench of this Tribunal. The order of the Honble Karnataka High Court was again challenged by the Union of India and others in Civil Appeal Nos.444-450/2002 before the Honble Supreme Court. The Honble Supreme Court confirmed order of the Honble Karnataka High Court vide order dated 10.9.2003 (Annexure R-1), however, at the end of Annexure R-1 order the Honble Supreme Court held thus:
However, it is made clear that with regard to Assured Career Progression respondents would be entitled to get benefit only from the date of absorption.
5. When the applicants made claim for financial upgradation under the MACP scheme from the date of initial appointment, respondents took the stand that they will be entitled for MACP only from the date of their absorption i.e. 29.9.1995 in terms of the above orders of the Honble Apex Court.
6. A similar issue was raised before the Guwahati Bench of the Tribunal in the matters of Shri Ch.Kunja Bihari Singh & 24 others Vs. Union of India and others in Original Application No.276 of 2013 decided on 25.6.2015, wherein the Tribunal has specifically after considering the aforementioned observations of the Honble Supreme court that with regard to Assured Career Progression respondents would be entitled to get benefit only from the date of absorption, allowed the said Original Application by quashing the very same order dated 5.4.2013, which has been challenged in the present Original Applications, and directed the respondents to continue extending the benefit of MACP to the applicants by counting their service from the date of their joining of posts in the entry grade i.e. taking into account their services rendered in MOFRS prior to its merger with NMEP(now NVBDCP). Subsequently, the Lucknow Bench of this Tribunal has also considered the similar issue in the matters of Udai Pratap Singh & 5 others Vs. The Secretary, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi and others (Original Application No.176 of 2013) decided on 21.12.2015, and by relying on the aforesaid decision of Guwahati Bench of the Tribunal, the Lucknow Bench of the Tribunal also allowed the said Original Application by again quashing the very same order dated 5.4.2013, which has been challenged in the present Original Applications.
7. Since two co-ordinate Benches of this Tribunal have already quashed the very same order dated 5.4.2013, which has been challenged in these Original Applications, we see no reason to defer from the views taken by two co-ordinate Benches of the Tribunal. Since the impugned order dated 5.4.2013 has already been quashed, we dispose of these Original Applications with a liberty to the applicants to submit their representations before the competent authority of the respondents to grant them similar benefits as have been granted to the applicants before the Guwahati and Lucknow Benches of the Tribunal in the aforementioned cases. If such representations are filed within a period of 10 days from the date of receipt of a copy of this order, the competent authority of the respondents shall dispose it of within a period of three months from the date of receipt of a copy of this order.
8. In the result, all the Original Applications are disposed of with the above directions. No costs.
(Dr. Murtaza Ali) (G.P.Singhal)
Judicial Member Administrative Member
rkv
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Sub: counting of past service for MACP O.As Nos.370-372/2013
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