Central Administrative Tribunal - Gauhati
Mayanglambam Sushil Kumar Singh vs M/O Home Affairs on 4 October, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No, 042/001 73/2014. Date of Order: This, the 48 Day of October, 2018. THE HON'BLE MRS. MANJULA DAS, JUDICIAL MEMBER THE HON'BLE MR. NEKKHOMANG NEIHSIAL, ADMINISTRATIVE MEMBER Sri Mayanglambam Sushil Kumar Singh Son of Late L. M. Sudhir Singh inspector General of Police, Manipur (since retired) Resident of Babupara, Opposite Telephone Bhawan, Imphai West. Manipur, Pin - 795001. ..Applicant. By Advocates: Sri R.K.Dev Choudhury -VSISUS- Union of india, : Represented by the Secretary to the Govt. of India, Ministry of Home Affairs, North Block, New Delhi -- 110001 The State of Manipur, Represented by the Chief Secretary to the Govi. of Manipur, Imphal, Manipur, Pin -- 795001. The Department of Personnel and Adminisirative Reforms, . Through the Commissioner cum Secretary, Government of Manipur, Imphal. Pin -- 795001. , et OA No.042/00173/2014 4. The Department of Home, through the Commissioner cum Secretary, Government of Manipur, Imphal, Pin --- 795001. 5. The Director General of Police, Government of Manipur, Imphal,. Pin -- 795001. ... Respondents By Advocate: Sri $.Sarma, Sr. counsel for Respondent nos.2 to 5 ORDER (ORAL) NEKKHOMANG NEIHSIAL, MEMBER (A):
By this O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking | following relief(s):-
8.1 A direction to the respondents to grant the applicant IPS Junior Administrative Grade scale w.e.f, 01.09.1998, i.e. after nine years from the date and year of allotmeni.
8.2. A direction to the respondenis to grant the applicant IPS Selection Grade Scale of Rs.
14,300 -- 400 -- 18,300/- with effect from the date when his immediate junior Sri W. Meenakumar Singh IPS (MT:89) was granted the same.
8.3. A direction to the respondents to grant the applicant regular Supertime Scale of Rs. 37,400
-- 67,000/- [Rs. 18,400-450-22,400/- pre-revised] with effect from 06.012007 when his immediate OA No.042/00173/2014 junior Sri W. Meenakumr Singh IPS (MT:89) was promoted to the post of Inspector General of Police and grant him all monetary benefits thereirom.
3.4 A direction to the respondenis to grant the applicant the regular grade pay of Rs. 10,000/-
in Pay Band -- 4 with effect from 06.01.2007, i.e., from the date on which his immediate junior Sri W. Meenakumar Singh, IPS (MT:89}) was promoted to the post of Inspector General of Police, instead of 01.09.2010."
2. Heard Sri R.K.Deb Choudhury, learned counse} for the applicant and Sri $.Sarma, learned senior counsel assisted by Sti S.K.Deka, learned counsel for the respondent nos, 2 fo 5.
3. During the course of hearing it was brought out by the learned counsel for the applicant that the applicant fs basically asking promotion jo the Junior Administrative Grade and Selection Grade of IPS on completion of ? years and 13 years respectively. If was brought out during the hearing that the applicant had already been granted Super Time scale in the pre-revised scale of Rs.: 18,400-450-22400/- [PB-4:'Rs.37,400- 67,000/- plus Grade Pay of Rs.10,000/- as per para 3(b} of the speaking order dated 09.12.2013 issued by the Government of Manipur, Department of Personnel and Administrative Reforms oe] age 3 of 5 OA No.042/00173/2014 (Personnel Division}. It also reveals from the perusal of order dated 28.03.2011 (sub para 3 of page 3 of the order] that the oromotion/appoiniment in the Super Time scale and Selection Grade in the IPS is based on merit, seniority and availability of ny vacancies in the grade. t A, The applicant is basically asking that he should have been promoted to the scale of Junior Administrative Grade of 7 IPS on completion of 9 years and Selection Grade on completion of 13 years. li was clarified to the learned counsel for the applicant that these numbers of years prescribed by the Government is only for eligibility purpose for promotion to that A. grade and actual promotion takes place on any date after completion of the period in each post subject to merit, fitness and availability of vacancies. Since the applicant had already been promoied in the higher grade of Super Time scale, there is no point in demanding the promotion in the lower grades on :
bundy orl | specified dates with regard to ihe eligibility guate parficularly on completion of certain number of years of service or 7 residency in each grade.
5. in view of the foregoing reasons, There shall be no order as to costs.
OA No.042/00173/2014 the OA is dismissed.
Sd/-
Maniula Das Hon'ble Member (J} Sd/-
_ Mr. N. Neihsial Hon'ble Member (A) Page 5 of § 1 t t 1