Karnataka High Court
Sports Authority Of India vs Mrs. Sultana Razia on 4 September, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 1671 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE S.G.PANDIT
WRIT PETITION NO. 1671 OF 2017 (S-CAT)
BETWEEN:
1. SPORTS AUTHORITY OF INDIA,
JAWAHAR LAL NEHRU STADIUM,
LODHI ROAD,
NEW DELHI-110 001.
REP. BY ITS DIRECTOR GENERAL,
MR.INJETI SRINIVAS, IAS.
2. THE SECRETARY,
SPORTS AUTHORITY OF INDIA,
JAWAHAR LAL NEHRU STADIUM,
LODHI ROAD,
NEW DELHI-110 001.
3. NETAJI SUBHASH SOUTHERN CENTRE OF
SPORTS AUTHORITY OF INDIA,
JANABHARTHI CAMPUS,
MYSORE ROAD,
BANGALORE-560 056.
REP. BY ITS REGIONAL DIRECTOR,
MR.M.SHYAM SUNDER.
...PETITIONERS
(BY SRI.M.C.THIMMAIAH FOR
SRI.JOSHUA HUDSON SAMUEL, ADVOCATE)
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WP No. 1671 of 2017
AND:
1. MRS.SULTANA RAZIA,
SINCE DEAD BY LRs.,
1(A). QAMER KHADER HUSAIN,
H/O. LATE SULTANA RAZIA,
S/O ABDUL WAHAB,
AGED ABOUT 80 YEARS,
1(B). JAVED HUSAIN,
S/O LATE SULTANA RAZIA,
AGED ABOUT 39 YEARS,
1(C). JAWAD HUSSAIN,
S/O LATE SULTANA RAZIA,
AGED ABOUT 36 YEARS,
R1(A, B & C) ARE RESIDING AT:
NO.3/7-10, 3RD CROSS,
2ND BLOCK, KORAMANGALA,
MADIVALA, BANGALORE-560 068.
2. THE UNION OF INDIA,
MINISTRY OF YOUTH AFFAIRS
AND SPORTS, CENTRAL SECRETARIAT,
NEW DELHI-110 003.
REP. BY ITS SECRETARY TO THE GOVT,
(FORMAL PARTY, NO RELIEF SOUGHT
AGAINST THE UOI).
...RESPONDENTS
(BY SRI. RANGANATH S. JOIS, ADVOCATE FOR R1(A, B AND C), SRI.K.CHANDRA MOHAN, ADVOCATE FOR R2) -3- WP No. 1671 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR RECORDS IN O.A.NO.324/2013 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE AND AFTER EXAMINING THE LEGALITY AND VALIDITY OF THE ORDER DATED 20.6.2016, (B) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 20.06.2016 PRODUCED AT ANNEXURE-J, PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE, IN O.A.NO.324/2013 AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.07.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, JAYANT BANERJI, J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE S.G.PANDIT CAV ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard Sri.M.C.Thimmaiah, learned counsel holding brief for Sri.Joshua Hudson Samuel learned counsel for the petitioners and Sri.Ranganath S Jois, learned counsel appearing for the legal representatives of respondent No.1 i.e. Respondent No.1(A to C) as well as Sri.K.Chandra Mohan, learned counsel for respondent No.2.-4- WP No. 1671 of 2017
2. By means of this writ petition, the petitioners- Sports Authority of India and others have challenged the order dated 20.06.2016 passed by the Central Administrative Tribunal, Bengaluru Bench (for short "Tribunal") in O.A.No.324/2013. By the impugned order, the O.A. was allowed and the petitioners were directed to place the applicant in the pay-scale of Rs.8000 - 13500 with effect from the date when she completed 24 years of service with consequential benefits. The petitioners were also directed to pass such order, within a period of three months on receiving a copy of the order.
3. From the record of this petition, it appears that the respondent no.11 was initially appointed as Library Assistant- cum-Clerk on 05.04.1978 and she was promoted to the post of Assistant Librarian on 31.03.1986. She filed O.A.No.359/2006 seeking a direction to the petitioners to grant her pay scale of Rs.5500-9000 with effect from 01.01.1996 in accordance with the Central Civil Services (Revised Pay) Rules, 19972 and all consequential benefits including the arrears of pay and allowances. By an order dated 20.06.2007, O.A.No.359/2006 was disposed of, with a direction to the first respondent therein 1 respondent 2 CCS (RP) Rules 1997 -5- WP No. 1671 of 2017 to take a decision in the pending matter, and that if a decision was taken in favour of the applicant, it would have retrospective effect from 01.01.1996. On an Office Order No.226/2008 dated 10.11.2008 being passed by the petitioner, fixing pay of the respondent as per recommendation of 6th Pay Commission, the respondent filed O.A.No.129/2009 before the CAT seeking quashing of that Office Order. In that O.A., a memo was filed by the petitioner enclosing an Office Order of 15.02.2010, pursuant to which the O.A. was closed as infructuous. Thereafter, after 19 months the respondent submitted a representation dated 19.12.2011 and another on 16.07.2012, seeking financial upgradation under ACP scheme having regard to the hierarchy of the posts. By means of a reply dated 27.07.2012, the representation was rejected. The aforesaid reply dated 27.07.2012 was challenged in O.A.No.324/2013 seeking, additionally, consequential directions to the petitioners to grant ACP in the pay scale of Rs.8000- 13500 with effect from 01.12.2001 taking the hierarchy of the Assistant Librarian/Librarian. Thereafter the impugned order of 20.06.2016 was passed. Hence, the instant petition was filed.
4. The contention of the learned counsel for the petitioners is that in the letter 27.07.2012 sent by the -6- WP No. 1671 of 2017 petitioner to the respondent, which has been enclosed at page no.121 of the writ petition, it was observed that the post of Assistant Librarian is a standalone post having no further line of promotion and therefore, the said post has no defined hierarchy; that therefore, the respondent would be given immediately next higher (standard/common) pay scale. The respondent was thus granted the immediate higher pay scale 6500 - 10500 and therefore, grant of pay scale of 8000 - 13500 under the ACP scheme was not admissible. Learned counsel has referred to the O.M. dated 9.08.1999 and its Annexure-1 (paragraph 7), which pertains to conditions of grant of benefits under the ACP Scheme, to contend that the aforesaid letter of 27.07.2012 was in accordance with the conditions mentioned in the O.M. of 09.08.1999. It is stated that by means of an Office Order dated 15.02.2010, the pay of the respondent was fixed as per 5th Central Pay Commission with effect from 01.01.1996 in the higher pay scale of 5500- 175-9000 and the respondent was awarded first ACP in pay scale of 6500-200-10500 with effect from 20.04.2002 with the pay being re-fixed at Rs.6900/-. It is stated that this Office Order of 15.02.2010 was admitted and never challenged by the respondent. However, a representation dated 16.07.2012 was -7- WP No. 1671 of 2017 moved by the respondent, in which, she again repeated the same prayer that was made by her in O.A.No.129/2009, that is, financial upgradation under the ACP Scheme on hierarchical basis be extended to her in the pre-revised pay scale of 8000 - 13500 with effect from 01.12.2001. It is stated that the respondent is claiming parity with the Coaches, whereas the post of a Coach belongs to entirely a different cadre. It is therefore contended that the respondent is estopped from raising the same dispute again. Only on the basis of the reply given by the petitioners to respondent's representation, that the O.A. 324/2013 was filed. Limitation has also been pleaded by the learned counsel for the petitioners in challenging the impugned order of the Tribunal.
5. Learned counsel for the respondent has stated that she was entitled to the hierarchy which was to be given to her as stated in her representation before the Regional Director of the Sports Authority of India on 19.12.2011. The post of Assistant Librarian fell in the hierarchy of post of Librarian, which existed in the Organization. An order in O.A.No.2486/2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi reflects that a similarly placed employee was granted second financial upgradation -8- WP No. 1671 of 2017 under the ACP scheme in the pay scale of Rs.14300 - 18300 with effect from the date the applicant therein had completed 24 years of service. It is stated that the aforesaid order of the Tribunal in O.A.No.2486/2008 would have uniform applicability and the order passed in O.A. no.129/2009 would not operate as res-judicata, given the fact that a separate representation was moved by the respondent to which petitioners had responded and the response of the petitioners was subjected to challenge. It is stated that the O.A. No.324/2013 arose out of a different cause of action. Reference has also been made to an order passed in O.A.No.324/PB/2005 by Chandigarh Bench of Central Administrative Tribunal in support of his submissions.
6. In rejoinder, learned counsel for the petitioners has stated that the judgments cited by the learned counsel for the respondent would not have application inasmuch as Sports Authority of India was not a party in those cases.
7. We have perused the record. The 1st respondent was appointed on 05.04.1978 as a Library Assistant-cum-Clerk in the Netaji Subhash National Institute of Sports on pay scale of Rs.260-400 which is equivalent to that of Lower Division Clerk (LDC). On 31.03.1986 the respondent was promoted as an -9- WP No. 1671 of 2017 Assistant Librarian in the pay scale of Rs.330-560 which is equivalent to an Upper Division Clerk (UDC), against an existing vacancy at South Center, Bengaluru of Netaji Subhash National Institute of Sports. This was the first financial up- gradation under the Time Bound Scheme of Sports Authority of India. On 11.03.1991, the pay scale of the 1st respondent was revised from Rs.1200-2040 to Rs.1400-2300 with effect from 30.09.1989.
8. It is stated that the Library Cadre was re-structured as per the categorization of Libraries vide Ministry of Finance OM 19(1)/IC/86 dated 24.07.1990 prescribing pay scales against the designations of posts, which reads as under:-
F.No.19(1)IC/86 Government of India Ministry of Finance Department of Expenditure (Implementation Cell) OFFICE MEMORANDUM Subject: Report of the Review Committee on Library Staff under purview of Central Government.
The undersigned is directed to refer to the recommendations of Fourth Central Pay Commission contained in para 11.63 of the Report wherein it was suggested that a Committee may be constituted to undertake review of the pay scales, qualifications and recruitment levels of responsibility of the Library Staff. In pursuance of the above suggestion, a Review Committee was set up by the Department of Culture in September 1987.
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2.1 After careful consideration recommendations made by this Committee and also keeping in view the overall policy, the Government have decided to introduce the pay structure for Library Staff as given in Table 1.
Table 1 Pay Structure for Library Staff Sl. Designation Existing Revised Remarks No. Pay scale Pay scale (Rs.) (Rs.) (1) (2) (3) (4) (5)
1. Junior Library 750-940 750-940 Direct entry Attendant Middle pass
2. Library 775-1025 775-1025 Promotional Attendant Grade
3. Senior Library 800-1150 800-1150 Promotional Attendant Grade
4. Library Clerk 825-1200 Direct entry 950-1400 Matriculation 950-1500 950-1500 975-1540 975-1660
5. Library 1200-1800 Direct entry Information 1200-2040 Graduate with Assistant 1320-2040 Bachelor in 1350-2200 1400-2600 Lib.Science/ 1400-2300 Promotional 1400-2600 Grade for Lib.
Clerks.
Sl. Designation Existing Revised Remarks
No. Pay scale Pay scale
(Rs.) (Rs.)
(1) (2) (3) (4) (5)
6. Senior Library & 1640-2900 1640-2900 Direct entry
Information Asstt. 1600-2660 Post Graduate
With Bachelor
in
Lib.Science/
Promotional
Gr. For Lib.
Information
Asstt.
7. Assistant Library 2000-3200 2000-3500 Promotion/
& Information 2000-3500 Direct
Officer 2200-4000 Recruitment
8. Library & 3000-4500 3000-4500 -do-
Information Officer
9. Senior Library 3700-5000 3700-5000 -do-
& Information
Officer
10. Principal Library 4500-5700 4500-5700 -do-
& Information
Officer/Director
11. 5900-6700 -do-
12. 7300-7600 -do-
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WP No. 1671 of 2017
2.2 The recruitment qualifications both for the direct recruits and promotees for each grade of the Library Staff are indicated in Annexure I. All the Ministries and Departments are advised to modify the rules of recruitment for various posts obtaining in the Library under their control on these lines. It is not necessary that each Library will have all the grades, a Library may have one or more of these grades.
3. Placement of Existing Library Staff in the Revised Grades 3.1 The employees in the scales of pay indicated in column 3 of table under para 2.1 may be placed in the revised scales shown there against in column 4 provided the incumbent fulfils the recruitment qualifications as indicated in Annexure I to this O.M. In case existing incumbent does not fulfill the qualification as laid down in Annexure I, he will continue in the existing scale of pay on personal basis. However, as and when the post falls vacant, it will be filled up in the appropriate scale in accordance with the rules of recruitment.
3.2 The existing incumbents will also have an option to opt for the revised grade structure or continue in the existing scales of pay. Where an option is for the existing scale of pay, it will be on personal basis and in the event of vacancy the post will be filled up in the appropriate scales in accordance with the rules of recruitment. The employees in whose case the scales of pay have been revised may be desired to exercise an option to continue in the existing scale of pay or come over to the revised scale of pay within a period of three months from the date of issue of this order.
3.3 In the case of grades where the scales of pay have been revised and the existing Incumbents are placed in revised scale, the pay in the revised scales may be fixed in terms of the provisions of Fundamental Rules 23 read with rule 22 (a) (ii).
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WP No. 1671 of 2017
4. Categorisation of the Libraries 4.1 After placement of the existing incumbent in the grade structure indicated in para 2 above, each administrative Ministry may initiate action to categorise the Libraries under their control in consultation with F.A. concerned based on the parameters indicated in Annexure II to this O.M. Based on the categorisation of the Libraries S0 determined, the designation and scale of pay of the Librarian.
Incharge of each category of Library may be adopted on the lines indicated below:
Category Post with Designation Pay Scale (Rs.) I Library & Information Assistant 1400-2600 II Asstt. Library & Information Officer 2000-3500 III Library & Information Officer 3000-4500 IV Director (Library & Information) 4500-5700 V Director 5900-6700 4.2. In case the existing incumbent (viz. Librarian Incharge) is in a lower scale of pay than the scale determined based on the categorisation, he may be considered for appointment in the higher scale provided he fulfils the recruitment qualifications laid down for that post in Annexure I to this O.M. subject to the provisions of para 4.3.
4.3 Where based on categorisation the post of the head of a Library gets upgraded by more than one grade, the post will be upgraded only by one step initially. Its upgradation to the appropriate higher grade may be reviewed after three years In consultation with Ministry of Finance.
5. The scale of pay for the post of Language Librarian irrespective of language, may be Rs. 2000- 3500. The recruitment qualifications may be post- graduation, Bachelor of Library Science with three years experience as laid down for direct recruits in Annexure I for posts in this scale. The present incumbents who do not fulfil these qualifications may continue in the existing scales of pay. As and when the existing
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incumbents vacate their posts, these may be filled up in appropriate scales in accordance with recruitment rules.
6. All Ministries/Departments are requested to Initiate action on priority basis and results of review reported to Implementation Cell, Department of Expenditure.
7. In their application to the employees of the Indian Audit & Accounts Department these orders issue in consultation with Comptroller and Auditor General of India.
Sd/-
(V.B.SAXENA)
DIRECTOR
Annexure I
Sl. Designation Pay Scale Qualification & Experience
No. (Rs.)
Direct Promotion
1. Junior Library 750-940 Middle pass -
Attendant
2. Library Attendant 775-1025 Promotional
Grade for
Jr.Library
Attendant
3. Senior Library 800-1150 - Promotion
Attendant Grade for Library
Attendant
4. Library Clerk 950-1500 Matriculation -
5. Library & 1400-2600 B.A./B.Sc./ Promotion
Information B.Com. + Grade for
Assistant B.Library Science Library &
Information
Assistant
6. Senior Library & 1640-2900 M.A./M.Sc./ Promotion
Information Asstt. M.Com. Grade for
+B.Library Library &
Science Information
Assisstant
7. Asstt. Library & 2000-3500 M.A./M.Sc./ 3/8 years
Information Officer M.Com. experience at
+B.Lib. Science Rs.1640-
With 3 years 2900/Rs.1400-
Experience 2600 pay scales.
Masters degree
essential for
language/subject
specialized posts.
8. Library & 3000-4500 M.A./M.Sc./ Qualifications
Information M.Com. Same: 5 years
Officer +B.Lib. Experience at
Science with Rs.3000-4500
7 years experience Pay scale.
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WP No. 1671 of 2017
9. Senior Library & 3700-5000 M.A./M.Sc/ Qualifications
Information M.Com, + Same; 5 years
Officer B.Lib. experience at
Science with Rs.3000-4500
10 years pay scale.
experience
10. Principal Library & 4500-5700 M.A./M.Sc./ Qualifications
Information Officer M.Com. + same; 5/10 years
B.Lib. Science with experience at
12 years Rs.3700-
experience 5000/Rs.3000-
4500 pay scales.
11. 5900-6700 M.A./M.Sc./ Qualifications
M.Com. + same; 5 years
M.Lib. Science with Experience at
15 years Rs.4500-5700
experience pay scale.
12. 7300-7600 Eminent Librarian/
Scholar
Ph.D/M.Lib.
Science &
Research
Wrork,Publications,
20 years
experience
9. On 13.03.1998, the respondent's pay scale was revised to Rs.4500- Rs.7000/- pursuant to rationalization of pay scale by the 5th Pay Commission, which was notified in the CCS (RP) Rules, 1997.
10. The respondent was granted the benefit of Assured Career Progression (ACP) being the 2nd Financial Up-gradation in the post of Assistant Librarian in the pay scale of Rs.5000- 150-8000 without changing her existing designation with effect from 20.04.2002 on completion of 24 years of service in terms of the Office Order No.249/2002 issued by the petitioners on 17.09.2002 based on the recommendations of the 5th Pay Commission. This was granted to Group 'C' and 'D' of Southern Regions.
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WP No. 1671 of 2017
11. On 04.02.2005 the respondent made a representation seeking revision of pay scale of Assistant Librarian from Rs.4500-7000 to Rs.5500-9000 on the basis of a clarification issued by the Government of India, Ministry of Finance in OM No.71/3/2001-IC dated 21.02.2002 which was to the effect that the entry pay scale for departmental Librarian with minimum qualification of B.Lib. alongwith graduate degree with effect from 01.01.1996 was raised from Rs.4500-7000 to Rs.5500-9000.
12. The respondent filed O.A. No.359/2006 before the Central Administrative Tribunal (CAT), Bengaluru seeking a direction to the petitioners for grant of pay scale of Rs.5500- 9000 with effect from 01.01.1996 and all consequential benefits as per CCS (RP) Rules, 1997.
13. In its order dated 20.06.2007 the CAT noted the provisions of CCS (RP) Rules 1997, which specified the library staff, but did not show the post of Assistant Librarian. First post shown was of Senior Library Attendant in the pay scale of Rs.2750-4400 (Revised). Three grades of Librarian were shown, namely, Librarian in the revised pay scale of Rs.5500- 9000, Librarian Senior Scale in the revised scale of pay of
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WP No. 1671 of 2017Rs.6500-10500 and Librarian Selection Grade in the revised pay scale of Rs.7500-12000. It was observed by the CAT that when, admittedly after the 5th Central Pay Commission recommendations, there was no post of Assistant Librarian in the office staff working in the organization outside the secretariat, certainly it was a matter for the concerned Ministry to consider the same and adjust the existing posts of Assistant Librarian in any one of the grades of Librarians. The CAT doubted whether the post of Assistant Librarian continued to exist in the Sports Authority of India and whether the scale of pay was recommended to be revised or not. A direction was issued to the Union of India through the Secretary, Ministry of Youth Services and Sports to take a decision in the pending matter. It was observed that if a decision was taken in favour of the applicant, it should necessarily have retrospective effect from 01.01.1996. Accordingly, the OA was disposed of.
14. Thereafter, an Office Order No.226/2008 dated 10.11.2008 was issued by the petitioners fixing the respondent's pay with effect from 01.01.2006, as per the recommendations of 6th Pay Commission, under which the respondent's pay was revised from Rs.5000-150-8000 to Rs.9300-34800.
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WP No. 1671 of 2017
15. The respondent then filed OA No.129/2009 before the CAT seeking quashing of the Office Order dated 10.11.2008 and a consequent direction to the petitioner to grant time scale pay of Rs.5500 - 9000 with effect from 01.01.1996 with consequential benefits, and further, to extend to her the ACP. A distinct prayer was made to re-designate her post as Librarian with effect from 1.1.1996.
16. The respondent retired from service during the pendency of the OA No.129/2009 on 30.04.2009.
17. The petitioners filed objections in OA No.129/2009 and thereafter, on the basis of a decision of the Ministry of Youth Affairs and Sports conveyed by their letter dated 16.10.2009, passed an Office Order No.054/2010 dated 15.02.2010 re-fixing the 1st respondent's pay as sought for in OA No.129/2009. This Office Order was brought on record of the OA by means of a memo dated 22.02.2010 filed. Thereupon, the CAT passed an order on 22.02.2010 recording the admission of the counsel for the respondent that, she had been granted the reliefs prayed for in the OA. Accordingly, the OA was held to have become infructuous and treated as closed.
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WP No. 1671 of 2017
18. After more than 19 months of the order of the CAT dated 22.02.2010, the respondent made a representation dated 19.12.2011 stating that she had been granted financial up- gradation under the ACP Scheme in the pay scale of Rs.6500- 10500 (pre-revised) with effect from 01.12.2001 based on the previous pay scale of Rs.5500-9000 (pre-revised) and that she had not been given financial up-gradation on hierarchical basis as per Para-7 of the ACP Scheme in OM No.35034/1/97 Estt(D) dated 09.08.1999. She referred to the pay scale of 'Coaches' Grade-III and stated that she be granted the financial up- gradation in the pay scale of Rs.8000-13500 (pre-revised) with effect from 01.12.2001 as the post of Assistant Librarian falls in the hierarchy of Librarian post, which exists in the organisation. Another similar representation was made by her on 06.07.2012.
19. The petitioners sent a reply dated 27.07.2012 to the respondent in response to the representation stating that the post of Assistant Librarian in the Organization of the petitioners is a standalone post and has no further line of promotion. Therefore, the said post had no defined hierarchy. It was stated that the ACP benefit as per OM dated 09.08.1999 regarding financial up-gradation in case of such isolated posts
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WP No. 1671 of 2017in the absence of defined hierarchical grade, would be given in the next immediate higher (standard/common) pay scale. As the respondent was in the pay scale of Rs.5500-9000 (S-10), she was given financial up-gradation to the next pay scale of Rs.6500-10500 (S-12) and thus, the pay scale of Rs.8000- 13500 (S-15) was not admissible and could not be granted.
20. Thereafter, an Office Order No.189/2012 dated 05.11.2012 was issued by the petitioner (page 111 of the writ petition). This Office Order reflects that consequent to the implementation of the 6th Pay Commission, the recommendations of a uniform date of annual increment was given as 1st July of every year. The employees completing six months and above in the revised pay structure on 1st July were eligible to be granted increment in the revised pay scale as a 'One Time Measure' and thereafter would get the next increment in the revised pay structure from 01.07.2006 as per CCS (RP) Rules, 2008. Accordingly, the respondent was eligible for one increment from 01.01.2006 in the pre-revised scale and was to get revised pay structure on 01.07.2006 as per Rule 10 of CCS (RP) Rules, 2008. She was also entitled for grant of 30 years financial benefits under the MACP Scheme vide Office Order No.169/2012 dated 10.09.2012.
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WP No. 1671 of 2017
21. However, in the meantime, the respondent filed OA No.324/2013 seeking to quash the aforementioned reply of the petitioners dated 27.07.2012 sent in response to the representation dated 16.07.2012 of the respondent and consequently to grant her ACP in the pay scale of Rs.8000- 13500 with effect from 01.12.2001 taking the hierarchy of Assistant Librarian/Librarian.
22. By the impugned order dated 20.06.2016, the CAT allowed the OA and directed the petitioners to place the respondent in the pay scale of Rs.8000-13500 with effect from the date when she completed 24 years of service with consequent benefits.
23. It is pertinent to note that the CAT has based the impugned order of 20.06.2016 on a judgment of the Principal Bench of CAT without any discussion/application of mind regarding the facts of the present case.
24. The aforesaid Office Order dated 15.02.2010 that has been enclosed as Annexure-E to this petition reads as follows:-
SPORTS AUTHORITY OF INDIA: BANGALORE NO.SAI/NSSC/PERS/LEGAL 386/09 DATE: 15/02/2010
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PREAMBLE:
Smt. Sultana Razia, Asst. Librarian (Retd.,) has approached Hon'ble Central Administrative Tribunal (CAT), Bangalore Bench in OA.No.359/06 and OA.No.129/09 for granting higher pay scale of Rs.5500-9000/- w.e.f.01/01/1996 on par with other employees working in Sports Authority of India. In pursuance of decision of Ministry of Youth Affairs and Sports conveyed vide their letter No.10-18/2009/ID dated 16.10.2009, the Director (Pers.&Cg), SAI, HO, New Delhi vide letter No. SAI/Pers./1717(20)/2006/127 dated 01/02/2010 has conveyed the approval of Competent Authority to grant the following pay scales to Smt. Sultana Razia, Asst. Librarian (Retd) posted at SAI, NSSC, Bangalore.
Pay scale of Rs.1400-2600/- w.e.f.23.12.1994 Pay scale of Rs.5500-9000/- w.e.f.01.01.1996 Pay scale of Pay Band 2 i.e., w.e.f.01.01.2006 Rs.9300/- 34800 with Grade Pay Rs.4200/-
ACP benefits OFFICE ORDER NO.054/10 DATED 15/02/2010 In view of above, Smt. Sultana Razia, Asst.. Librarian (Retd.) pay is re-fixed as per FR 22(1)(a)(1) as under:-
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Particulars Pay Drawn Pay re-fixed Remarks Pay as on 23.12.1994 in the pay scale Rs.1600/-
Rs.1600/-
of Rs.1400- wef.1.9.1994 2600/-
Rs.1640/-
Annual Grade Rs.1640/- wef w.e.f.
Increment 01.09.1995
01.12.1995
Pay fixed as
Rs.5500/- in
per 5th Pay Rs.5000/- in
the higher
Central the pay scale
pay scale of
Commission of Rs.l4500-
Rs.5500-
w.e.f 125-7000/-
175-9000/-
01/01/1996
Rs.5675/-
Rs.5125/-
Annual Grade w.e.f.
w.e.f.
Increment 01.12.1996
01/09/1996
Rs.5375/- Rs.5850/-
w.e.f. w.e.f.
01/09/1997 01.12.1997
Rs.5375/- Rs.6200/-
w.e.f. w.e.f.
01/09/1998 01.12.1999
Rs.5625/-
Rs.6375/-
w.e.f.
w.e.f.
01/09/2000
01.12.2000
Rs.5750/- Rs.6550/-
w.e.f. w.e.f.
01/09/2001 01.12.2001
6550+175
1st ACP
=6725/- pay
Awarded in Rs.5900/- Rs.6900/-
fixed at the
the pay scale In the pay In the pay
next stage in
of Rs.6500/- scale of scale
the higher pay
200-10500/- Rs.500-150- Rs.6500-
scale of
w.e.f. 8000/- 200-10500/-
6500+200+200
20.4.2002
=6900/-
Pay Re-fixed as per VI pay commission:
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WP No. 1671 of 2017
Pay after increment
Date of Pay Band Grade
Increment Total Pay
Increment pay amount
(Rs.3%)
Old New Old New Old New
1.1.2006 11820 13950 4200 - - 16020 18150
1.7.2006 11820 13950 4200 480 550 16500 18700 1.7.2006 12300 14500 4200 500 570 17000 19270 1.7.2008 12800 15070 4200 510 580 17510 19850 She retired from the services of SAI w.e.f. 30/4/2009.
Sd/-
(वी. के. गंगाधरन V. K. GANGADHARAN) उप िनदे शक DY. DIRECTOR(PERS)
25. It is noted that the aforesaid Office Order dated 15.02.2010 was the basis on which the OA No.129/2009 was held by the CAT to become infructuous, and its order of 22.02.2010 has been accepted and admitted by the respondent. That is to say, as on 23.12.1994, she was in the pay scale of Rs.1400-2600. With effect from 01.01.1996 pay scale of Rs.5500 - 9000 and pay of Rs.5500/- was re-fixed. The first ACP was awarded in the pay scale of Rs.6500-10500 with effect from 20.04.2002 and accordingly the pay was re- fixed.
26. It is pertinent to mention here that, during pendency of this petition, the petitioner passed away and was substituted by her legal representatives.
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WP No. 1671 of 2017
27. The claim of the petitioner was based on a perceived existence of a hierarchy in the cadre of Librarian stated to be existing in the Sports Authority of India. The petitioner was admittedly working on the post of Assistant Librarian. As stated in the petition, on 11.03.1991, the pay scale of the first respondent was revised from ₹1200-2040 to ₹1400-2300, with effect from 30.09.1989. The Library Cadre was restructured as per categorisation of libraries vide Ministry of Finance O.M. No. 19(1)/IC/86 dated 24.07.1990 prescribing pay scales. On 13.03.1998, the first respondent's pay scale was revised to ₹4500-7000, pursuant to the rationalisation of pay scale by the 5th Pay Commission, which was notified in the Central Civil Services (Pay Revision) Rules, 19973. That is to say, as per the First Schedule of the CCS (RP) Rules, 1997, the post/grade of the petitioner was S-8. Pursuant to an Office Order No. 249/2002, the first respondent was granted the benefit of ACP (2nd financial upgradation) in the post of Assistant Librarian, in the pay scale of ₹5000-150-8000 without changing the existing designation and with effect from 20.04.2002, on completion of 24 years of service. That is to say, the petitioner 3 CCS (RP) Rules, 1997
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WP No. 1671 of 2017got the revised scale of S-9 grade specified in the First Schedule of the CCS (RP) Rules, 1997.
28. By means of the office order no.054/10 dated 15.02.2010, the petitioners re-fixed the pay of the first respondent and filed a Memo dated 22.02.2010 before the CAT in the O.A.. The pay scale was re-fixed at ₹6900 in the pay scale of ₹6500-200-10500 (Grade S-12). While recording the consent of the counsel for the first respondent that admittedly the relief prayed for had been granted, the O.A. was held to have become infructuous and treated as closed.
29. Given the fact that it is the consistent stand of the petitioners that there existed no hierarchy in the cadre of the first respondent in SAI, it was for the first respondent to demonstrate that there existed such hierarchy in the SAI, which the first respondent could advert to, while staking her claim to upgraded ACP for grant of the pay scale of the post of librarian. In this regard, clause 7 of Annexure-I of the O. M. Dated 09.08.1999 in unequivocal. It provides that in case of isolated posts, in the absence of defined hierarchical grades, financial upgradation shall be given by the ministries/departments concerned in the immediately next higher (standard/common) pay scales as indicated in Annexure-II. Therefore, the First
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WP No. 1671 of 2017respondent, having been granted the first ACP, pursuant to which her pay scale was re-fixed in Grade S-12 (₹6500-200- 10500), the grant of pay scale of ₹8000 -13,500 (Grade S-15) under the ACP scheme is not admissible to her. The claim of the first respondent is therefore, misconceived, and is liable to be rejected.
30. It is reiterated that the decision of the Ministry of Youth Affairs and Sports conveyed vide letter dated 16.10.2009, which came to be conveyed to the respondent by means of the Office Order dated 15.02.2010 aforesaid, did not consider her plea for adjustment in one of the grades of Librarian. The decision of the government was confined to the pay of the first respondent being re-fixed in the higher pay- scale, and pursuant to the grant of the first ACP, she was placed in the pay-scale of ₹6500-200-10500, which was conveyed by the Office order of 15.02.2010. It is important to note that the petitioner accepted the grant of the re-fixed pay scale in terms of the order of the government as conveyed by the office order of 15.02.2010 and admitted that the OA No.129/2009 had become infructuous in view of the aforesaid office order, yet she chose to challenge the office order after several months of inordinate delay. Moreover, as stated above,
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WP No. 1671 of 2017since the respondent acquiesced to the aforesaid office order of 15.02.2010, and thereby give up her claim for re-designating the post held by her as Librarian with effect from 01.01.1996, she could not maintain any such claim before the CAT in OA No.324/2013.
31. As is evident from the above discussion, the claim of the petitioner is unsustainable in view of the facts and circumstances of the instant case. As such, the impugned order of the CAT, Bangalore Bench, in Original Application No.324/2013 dated 20.06.2016 cannot be sustained and is hereby quashed.
This petition is accordingly allowed.
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(JAYANT BANERJI) JUDGE Sd/-
(S.G.PANDIT) JUDGE KGR*