Central Administrative Tribunal - Mumbai
Ambadas Devidas Suryawanshi vs M/O Finance on 27 September, 2024
1 OA No.2207/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, CAMP AT NAGPUR.
ORIGINAL APPLICATION No.2207/2019
Dated Friday the 27th September, 2024.
CORAM: HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
Shri. Ambadas s/o Devidas Suryawanshi,
Age 67 yrs, Occ : Pensioner,
C/o Mangesh Meshram, Sharada Nagar,
ST Colony, Sindi (Meghe)
Post Wardha, Dist: Wardha- 442001
... Applicant
(None)
VERSUS
1. Union of India,
Through it's Secretary,
Ministry of Finance,
North Block, New Delhi-110001
2. Principal Chief Commissioner of Income Tax
3rd Floor, Aayakar Bhavan, M.K.Road,
Churchgate, Mumbai - 400020
3. Regional Director,
National Saving Institute,
East and West Insurance Building, 55
Mumbai Samachar Marg, Fort, Mumbai- 400 023.
... Respondents
(By Advocate R. D. Damle)
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2 OA No.2207/2019
ORDER
Per: Mr. Shri Krishna, Member (A)
The applicant has filed this Original Application under section 19 of the Administrative Tribunal Act, 1985 to claim following reliefs.
In view of the facts and legal grounds of para 4 & 5 above, the applicant prays following relief.
PRAYER: - It is, therefore, most humbly and respectfully prayed that the Hon'ble Members of the Tribunal be pleased to -
1. Call for the records of the case from the respondents,
2. quash and set aside the impugned order dt 18.09.2018 (Ann.A.1),
3. direct respondents to modify orders dt. 21.02.2011 (Ann.A.2), dt. 01.05.2012 (Ann.A.3) granting Grade Pay of Rs 6600/- instead of Rs 5400/- & further modify Order dt. 10.09.2012 (Ann.A.4) of fixation of pay accordingly, and
4. direct the respondents to re-fix Grade pay to Rs 6600/- w.e.f. 30.09.2008 along with proper pay band, i.e. from the date the applicant was granted 3rd financial up- gradation under M.A.C.P. scheme
5. direct the respondents to pay arrears of difference of wages flowing from the refixation of grade pay from Rs 5400/- to Rs 6600/- with interest at 12% p.a. w.e.f. dt. 30.09.2008 i.e. from the date of 3rd up-gradation under M.A.C.P. scheme was due to applicant till retirement on 01.04.2010.
6. and further direct the respondents to revise the pension and to pay arrears of pension and other retiral benefits with 12% p.a. interest calculated till date of actual disbursement.
7. Any other relief deemed fit and proper in the circumstances of the case may kindly be granted.
8. Allow the application with cost.
2. Brief facts as stated by the applicant in the Original Application are that he joined service on 01.10.1978 as District Savings Officer in the National Savings organisation of Government Page 2 of 12 3 OA No.2207/2019 of India. In the course of service, he was working as Deputy Regional Director, in National Savings Organisation (NSO) from August 2001 to November 2007 at Nasik. The office of Deputy Director of National Savings was closed in December,2003 and surplus employees were placed under Redeployment cell (Personnel & Training) New Delhi.
3. It is averred that while working as National Savings Officer, the applicant was granted 1st financial up-gradation under A.C.P. Scheme, on completion of 12 years of regular service, with effect from 09.08.1999 and was placed in the pay scale of Rs. 6,500- 10,500/-. He was granted 2nd financial up-gradation under A.C.P. Scheme after completion of 24 years of regular service with effect from 01.10.2002 in pay scale of Rs. 7,500 - 12,500/-.
4. It has been averred that National Savings Organisation (NSO) was restructured into National Savings Institute w.e.f 29.10.2003 and surplus District Savings Officers/Dy Regional Directors were transferred on redeployment in other departments/office and those who were already granted 2nd ACP of Rs. 7,500 - 12,500/- have been further granted re-fixation of pay in scale of Rs. 8,000 - 13,500/- with the order dated 22/31.07.2008 issued by Regional Director National Savings GOI, Nagpur addressed to Chief Commissioner of Income Tax, on account of restructuring of National Saving Organization to National Saving Institute. Page 3 of 12 4 OA No.2207/2019
5. Accordingly, applicant is pay scale was already refixed as on 01.07.2007 at Rs. 9,650/- in pay scale of Rs. 8,000 - 13,500/- within order dated 08.05.2008 issued by Regional Director National Savings, Nagpur.
6. The applicant was re-deployed under Income Tax Department Nagpur on 11.11.2007. Therefore, National Savings Institute issued letter to Chief Commissioner of Income Tax, Nagpur.
7. After retirement, applicant was granted 3rd Financial upgradation under MACP scheme with back effect from 30.09.2008 i.e. when he was working as Inspector under Income Tax department while working in Pay Band Rs 9,300-34,800 + Grade pay Rs 5,400/- and his pay was revised to Pay band Rs 15,600- 39,100 + Grade Pay of Rs 5,400/- vide order dt. 21.02.2011, corrigendum dt. 01.05.2012 and dt. 10.09.2012.
8. The applicant noticed that fixation of grade pay after granting 3rd MACP up-gradation has not been fixed at Rs 6,600/- but retained earlier grade pay at Rs. 5,400/-. Aggrieved by fixation of grade pay at reduced value, the applicant made representation on 16.12.2015 and again on 06.08.2016, pointing out that in similar case of an employee who was also working as a Deputy director and who was deployed in Customs and central excise department and another employee who is junior to applicant and is working as non-gazetted Assistant Director and who has completed 30 years of continuous service and both have been sanctioned same pay scale as that of Page 4 of 12 5 OA No.2207/2019 the applicant i.e. Rs 15,600- 39,100/- have been granted Grade Pay of Rs 6,600/-, while granting 3rd MACP Up-gradation, while the applicant is deprived of the same grade pay of Rs 6,600/-.
9. It has been submitted that one Shri K. C. Tripathi Joint Director (HQ) NSI GOI Nagpur vide order No. 834.65/DP/ 13.01.2010 dt. 13.05.2011 has been granted Grade pay of Rs 6,600/- under 3rd MACP Financial up-gradation. Similarly, one Shri S. K. Gautam Dy. Regional director in NSI at Bhopal Region of MP State on redeployment to Central Excise and customs has been granted Grade pay of Rs 6600/- vide pay fixation order No. F. No. VI-Estt (15)1/09/NACEC/WR Mumbai October 2010. Shri Gopal Chandra Tarafdar Inspector of Income tax Kolkata also has been granted Grade Pay of Rs 6,600/- vide order No. 225 dt. 08.03.2013 in the same Pay band of Rs 15,600 - 39100/-.
10. It has been submitted that respondent in the impugned order stated that the Grade Pay of applicant on grant of 3rd MACP, was fixed in immediate next higher Grade Pay. However, it has not been done so far and grade pay of Rs 5,400/- was continued to be granted to applicant at Rs 5,400/-, instead of raising it to next stage at Rs 6,600/- Therefore, the applicant claims that he should be granted Grade pay of Rs. 6,600/-.
11. On notice, the respondent have filed the reply and resisted the OA. It has been submitted that on completion of 30 years of service, the applicant was granted 3rd Financial Up-gradation under Page 5 of 12 6 OA No.2207/2019 the MACP Scheme vide order dated 21.01.2011 w.e.f. 30.09.2008 in the Grade Pay of Rs. 5,400/- (Pay Band-2) which was later modified vide Corrigendum dated 01.05.2012 granting Grade Pay of Rs. 5,400/- (Pay Band-3). The grant of MACP is governed in terms of Government of India, Ministry of Personnel, Public Grievances (Department of Personnel and Training), O.M. No. 35034/3/2008-Estt. (D) dated 19.05.2009. This OM came into effect from 01.09.2008. Since, the applicant was granted 3rd MACP w.e.f. 30.09.2008, the aforementioned OM fully applies to the applicant.
12. It has been further submitted that "The MACPS envisages merely placement in the immediate next higher grade pay as given in Section 1, Part-A of the first schedule of the CSS (Revised Pay) Rules, 2008." When the applicant was considered for the grant of 3rd Financial Up-gradation, he was drawing pay in the Grade Pay of Rs. 5,400/- (Pay Band-2). So, he claims that at the time of Grant of 3rd MACP he should have been placed in the immediate next higher grade pay which would be Grade Pay of Rs. 6,600/-. But, Paragraph 8.1 of Annexure R-1 of the same O.M. also says that, "Consequent upon the implementation of Sixth CPC's recommendations, grade pay of Rs. 5400/- in PB-2 and Rs. 5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of up-gradations under MACP Scheme." Thus, it is very clear from Paragraph 8.1 of Annexure R-I that Grade Pay of Rs. 5,400/- in PB-2 and Grade Pay of Rs. 5400/- in PB-3 are Page 6 of 12 7 OA No.2207/2019 separate grade pays and for the purpose of grant of MACP, next higher grade pay to Grade Pay of Rs. 5,400/- in PB-2 is Grade Pay of Rs. 5,400/- in PB-3, which was rightly granted to the applicant by this office. In light of above, his claim of Grade Pay of Rs. 6,600/- is without merit and does not stand.
13. The applicant has also mentioned similar cases of some other officers from some other departments. In these cases, the pay of the officers is fixed in the Grade Pay of Rs. 6,600/- (PB-3) from Grade Pay of Rs. 5,400/- (PB-2) after the grant of MACP. On the face of it, it would seem that the pay of these officers has been wrongly fixed and is not in accordance with the aforementioned OM on MACP Scheme.
14. The applicant has filed rejoinder to the reply submitted by the respondents. The respondents have not filed any sur-rejoinder. The case was fixed for final hearing. The applicant has sent his written note stating that the first counsel who he engaged for filing the OA has expired during first wave of Covid-19 (January 2020). Thereafter, he engaged one more advocate who has been appointed as member of Railway Claims Tribunal now. The applicant is suffering from various medical problems and he doesn't have money to engage any new advocate. He further requested that the case may be decided on the basis of pleadings filed on record.
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15. We have carefully considered the submission of both sides and gone through pleadings and documents available on record.
16. The MACP scheme provides for grant of financial upgradation on completion of 10 years, 20 years and 30 years of service. The applicant was granted 3rd MACP by the respondents on 21.02.2011 with effect from 30.09.2008 which was further clarified vide orders dated 01.05.2012 and 10.09.2012. It is the case of applicant that though he has been given financial upgradation in the next higher pay band/scale of Rs.15,600 - 39,100/-, he has not been granted the grade pay of Rs.6,600/- as granted to some persons in different offices.
17. The respondents on the other hand claim that they have correctly granted grade pay. The applicant was granted 2nd ACP and his pay was re-fixed vide order dated 22.07.2008 at Rs.8,000 - 13,500/- which correspondence to pay band-II with new pay band of Rs. 9,300 - 34,800/- with grade pay of Rs. 5,400/-. The next higher scale in the hierarchy is pay band-III in the pay scale of Rs. 15,600- 39,100 with grade pay of Rs. 5,400/-. The applicant has been granted 3rd MACP in the PB-III in the pay scale of Rs. 15,600 - 39,100/- with the grade pay of Rs. 5,400/-.
18. On perusal of First Schedule (Rules 3 and 4) Part-A in Section I of the MACP published in the Gazette of India, we find that even in pay band-III, the grade pay of Rs. 5,400/- remains common for the earlier pre-revised scale of Rs. 8,000 - 13,500/-, Rs.9,000 - 9,550/-. Page 8 of 12 9 OA No.2207/2019 Admittedly, before the grant of 3rd MACP, the applicant was in the pay band of Rs.8,000 - 13,500/- corresponding to new pay band of Rs.9300-34800/- with grade pay of Rs.5,400/-. The next higher scale is in pay band -III in the pay band of Rs. 15,600-39,100/- with the grade pay of Rs. 5,400/-. The applicant has been given the pay band of Rs. 15,600- 39,100/- in pay band- III with the grade pay of Rs. 5,400/-.
19. We find that one Shri K.C. Tripathi, Joint Director (Headquarter), NSI Nagpur, Shri S.K. Gautam, Deputy Regional Director in NSI at Bhopal on redeployment to Central Excise and Customs, Shri. Gopal Chandra Tarafdar, Inspector of Income Tax Kolkata have been granted the grade pay of Rs.6,600/-. The respondents have submitted that on face of it, the pay of above officers have been wrongly fixed and is not in accordance with the Memorandum of MACP scheme.
20. We find that para 2 of MACP scheme reads as under:
"2.The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion."
21. The plain reading of above para 2 of MACP scheme makes it clear that the scheme provides for placement in the immediate Page 9 of 12 10 OA No.2207/2019 higher grade pay in the hierarchy of the recommended revised pay band. In the instant case, the respondents have denied the benefit of higher grade pay of Rs. 6,600/- by placing reliance on para 8.1 of the scheme which reads as under :
"8.1 Consequent upon the implementation of Sixth CPC's recommendations, grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs.5,400/- in PB-2 and Rs.5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme."
22. The above para only clarifies that there can be grade pay of Rs. 5,400/-in PB- 2 and PB-3. However, this para does not say that Rs. 5,400/- grade pay of PB- 3 will be treated higher grade pay than grade pay of Rs. 5,400/- in the Pay band. We further find that Mr. Gopal Chandra Tarafdar has been granted grade pay of Rs.6,600/-vide order dated 08.03.2013 passed by the office of the Chief Commissioner of Income Tax, Kolkata. The said office is also under respondent No.1. Thus, there cannot be different treatment for similarly placed employees.
23. We further find that in the case of Shri S. K. Gautam, who was working as Inspector in the National Academy Of Customs Excise and Narcotics, Western Region, Mumbai which is also under respondent No.1, has been granted grade pay of Rs.6,600/- vide order dated 10.2010.
24. We further find that the applicant was granted 2nd ACP by the Regional Director, National Saving Institute vide order no. 2nd Page 10 of 12 11 OA No.2207/2019 ACP/KRS/2008 dated 08.05.2008 which reads as under :-
"Statement of fixation of pay under FR 22(I) a (2) on conversion of 2nd Financial Upgradation pay scale (under the ACP Scheme) from 7500-250-12500 to 8000-275- 13500 for District Savings Officers/Dy. Regional Directors on restructuring of National Savings Organisation into National Savings Institute.
1. Name of the Official :- Shri A.D.Suryawanshi
2. Designation :- Dy. Regional Director
3. Existing scale of pay :- 7500-250-12500 (on 2nd financial upgradation)
4. New scale of pay proposed as 2nd financial upgradation scale on restructuring of NSO into NSI (w.e.f. 29.10.2003) :- 8000-275-13500
5. Pay as on 29.10.2003 (date of restructuring of NSO into NSI) :- Rs. 8500/-
6. Pay fixed at the next higher stage of new scale as on 29.10.2003 :- Rs. 8550/-
7. Date of next increment with pay :- 01.10.2004 Rs. 8825/-
8. Pay as on 01.10.2005 :- Rs.9100/-
9. Pay as on 01.10.2006 :- Rs. 9375/-
10. Pay as on 01.10.2007 :- Rs. 9650"
It is clear from the above pay fixation of the applicant that he was working in the pay scale of Rs.8000-275-13500 and his pay as on 01.10.2007 was fixed at Rs.9650/-. The above pre-revised scale corresponds to new scale of Rs.15,600 - 39,100/- with grade pay of Rs.5400/- in the fitment table. Therefore, after granting 3rd Page 11 of 12 12 OA No.2207/2019 MACP in the same PB means that in effect he has not been given any financial upgradation.
25. In view of the above facts, we are of the view that the applicant is similarly placed with the cases of Mr. S.K. Gautam and Mr. Gopal Chandra Tarafdar who were working under the same respondent Ministry. Therefore, the applicant also deserves to be granted grade pay of Rs. 6,600/-. We, therefore, direct the respondents to grant the grade pay of Rs. 6,600/- to the applicant within a period of 2 months from the date of receipt of a certified copy of this order.
26. The Original application stands disposed of. Pending MAs, if any, stand closed. There shall be no order to costs.
(Mr. Umesh Gajankush) (Mr. Shri Krishna)
Member (J) Member (A)
/dr/
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