Central Administrative Tribunal - Delhi
V.K.Sharma vs Union Of India on 18 September, 2015
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.1622/2014
Order Reserved on:08.09.2015
Order pronounced on:18.09.2015
Honble Mr. Justice B.P.Katakey, Member (J)
Honble Mr. K.N. Shrivastava, Member (A)
1. V.K.Sharma,s/o Sh. T.R.Sharma,
Aged 64 Yeas
Under Secretary(Retd.) [Group A]
r/o 87E, Pocket 4,
Mayur Vihar, Phase-I,
Delhi-110091.
2. Asha Bhalla, d/o Sh. Ram Lal Bhatia
Aged 62 Yeas
Private Secretary(Retd.)
r/o 365, Dr.Mukherjee Nagar,
Delhi-110009.
3. Harvinder Singh, s/o Sh.Gurcharan Singh Vohra,
Aged 64 Yeas
Under Secretary(Retd.)
r/o 107, Nilgiri Apts,
Alaknanda,
New Delhi-110019.
4. G.P.Singh, s/o Late S. Himmat Singh,
Aged 62 Yeas
Principal Private Secretary(Retd.)
r/o WZ-24, 1st Floor ,
St. No.2, Shiv Nagar,
New Delhi-110058.
5. Devki Ajwani, d/o Sh. Dharam Das Gidwani,
Aged 61 Yeas
Under Secretary(Retd.)
r/o B-71, Sector-27,,
Noida-201301, UP.
6. H.S. Seth, s/o Sh. Jeet Singh Sethi,
Aged 64 Yeas
Principal Private Secretary(Retd.)
r/o 51A, Pocket 3,
Mayur Vihar, Phase-I,
Delhi-110091.
7. A.K.Saxena , s/o Late Sh. G.C.L. Saxena
Aged 64 Yeas
Principal Private Secretary(Retd.)
r/o B-1/1003, Lotus Pond,
VaibhavKhand, Indirapuram,
Gaziabad-201010.
8. A.K.Gupta, s/o Sh. Om Prakash K.Gupta,
Aged 63 Yeas
Principal Private Secretary(Retd.)
r/o G-78, Lajpat Nagar-I,
NewDelhi-110024.
9. P.N.S. Kurup, s/o Late Sh. P.N.K. Kurup,
Aged 63 Yeas
Principal Private Secretary(Retd.)
r/o 143B, J&K Pocket,
Dilshad Garden,
Delhi-110095.
10. Manmohan Singh, s/o Late Sh. S. Hukam Singh,
Aged 61 Years
Principal Private Secretary(Retd.)
r/o C-104,IInd Floor,
Fateh Nagar,
Delhi-110018.
11. R.P.S.Lamba, s/o Late Sh. S. Kesar Singh Lamba,
Aged 63 Years
Private Secretary(Retd.)
r/o B-60 (FF),Fateh Nagar,
Jail Road,
Delhi-110018.
12. N.J.S.Gujral, s/o Shri Kirpal Singh Gujral,
Aged 63 Years
Private Secretary(Retd.)
r/o M-357, Guru Harikrishan Nagar,
Paschim Vihar,
Delhi-110087.
13. R.P.Singh, s/o S. Sohan Singh,
Aged 64 Years
Private Secretary(Retd.)
r/o A-615,Shastri Nagar,
Fateh Nagar,
Delhi-110009.
14. R.N.Muralidharan, s/o Late Sh. R.Nathamuni,
Aged 63 Years
Private Secretary(Retd.)
r/o B-504, New Arohi Apts,
Plot No. 13,
Sector-12, Dwarka,
Delhi-110075.
15. Surinder Kumar, s/o Late Sh. Banwari Lal Sharma,
Aged 64 Years
Private Secretary(Retd.)
r/o C-159, Sidharthkunj Apts.,
Sector-7, Dwarka,
Delhi-110075.
16. N.K.Sood, s/o Late Sh. P.H.Sood,
Aged 64 Years
Principal Private Secretary(Retd.)
r/o D-7/7099, Vasant Kunj,
Delhi-110070.
17. S.C.Kalra, s/o Late Sh. T.D.Kalra,
Aged 65 Years
Private Secretary(Retd.)
r/o B-191, Lok Vihar,
Pitampura,
Delhi-110034.
18. P.N.Sachdeva, s/o Late Sh. Chhanga Ram Sachdeva,
Aged 63 Years
Private Secretary(Retd.)
r/o WZ-3242A, Mohindra Park,
Delhi-110034
19. P.K. Galhotra, s/o Late Sh. Sohan Lal Galhotra,
Aged 62 Years
Principal Private Secretary(Retd.)
r/o A-307 (FF), Surya Nagar,
Ghaziabad-201011
20. S.K.Sethi , s/o Late Sh. N.R.Sethi,
Aged 64 Years
Private Secretary(Retd.)
r/o 35/3, Double Storey, Ashok Nagar,
New Delhi-110018.
21. V. Ramachandran, s/o Late Shri P.V. Pulavar,
Aged 63 Years
Private Secretary(Retd.)
r/o Vasantham/XVI/309,,
Rose Garden, Meikkad P.O.,
Nedumbassery,
Ernakulam Distt., Kerala-683589.
22. V.K.Kapoor, s/o Late Sh. K.L.Kapoor,
Aged 63 Years
Private Secretary(Retd.)
r/o F-202, Vikaspuri,
New Delhi-110018.
23. Ms. P.L. Tandon, d/o Late Sh. Ranjit Rai Ghai,
Aged 62 Years
Private Secretary(Retd.)
r/o C-603,Golden Trellis, Survey No.38/7,
Belewadi,
Pune-411045, Maharashtra.
24. N.C. Gupta,s/o Sh. B.R.Gupta
Aged 62 Years
Principal Private Secretary(Retd.)
r/o Coral 1103, My Home Jewel Apts,
Madinagura Rangareddy,
Hyderabad-500049,A.P.
25. L.C. Sharma, s/o Late Sh. Nand Lal,
Aged 62 Years,
Principal Private Secretary(Retd.)
r/o Flat No.184,Green Towers,
Plot No. 7C,
Sector- 23, Dwarka,
Delhi-110075.
26. K.Sudhakaran, s/o Late Sh. K.R.K.Menon,
Aged 63 Years
Private Secretary(Retd.)
r/o 141 C, Pocket J&K, Dilshad Garden,
Delhi-110095.
27. Mrs. M. Rethi, d/o Late Sh. M. Krishnan,
Aged 63 Years
Under Secretary(Retd.)
r/o C-92, Pushpanjali Enclave,
Pitampura,
Delhi-110034.
28. Virender Kumar, s/o Sh. G.C. Bhandari,
Aged 63 Years
Private Secretary(Retd.)
r/o 253, Harnam Apts,
Plot No. 4,
Sector-13, Dwarka,
Delhi-110075.
29. V.K. Behal, s/o Late Sh. D.N. Behal,
Aged 62 Years
Principal Private Secretary(Retd.)
r/o 71, Kalyan Vihar,
Delhi-110009.
30. H.R. Kalra, s/o Sh. J.R.Kalra
Aged 63 Years
Private Secretary(Retd.)
r/o 25B, Hans Vihar Apts.,
Sector-13, Rohini,
Delhi-110085.
31. D.R. Gureja, s/o Late Sh. N. R.Gureja
Aged 63 Years
Private Secretary (Retd.)
r/o 157, Shivalik Apts.,
Alaknanda,
New Delhi-110019.
32. R.K. Dovhal, s/o Late Sh. R. Prasad,
Aged 61 Years
Private Secretary(Retd.)
r/o B-2/7, Glaxo Apts,
Mayur Vihar Phase-I Extn.
Delhi-110091.
33. Lila Dhar Pandey, s/o Sh. Hari Datt,
Aged 64 Years
Private Secretary(Retd.)
r/o 901, M-1, Amrapali Royal,
Vaibhav Khand, Indirapuram,
Ghaziabad-201014,
34. S.K. Bakshi, s/o Late Sh. S.R. Bakshi,
Aged 63 Years
Principal Private Secretary(Retd.)
r/o B-1/39, (III Floor),
Janakpuri,
New Delhi-110058.
35. S.C. Arora, s/o Late Sh. Arora,
Aged 65 Years
Private Secretary(Retd.)
r/o 1203/T-23,Orchid Petals,
Sector 49, Gurgaon.
36. Ms. Neelam Chandna, s/o Late Sh. S.L.Arora,
Aged 62 Years
Under Secretary(Retd.)
r/o WZ-407C, F/Flr, Hari Nagar,
Janak Park,
New Delhi-110064.
37. G.M.Rao, s/o Sh. K. K.Murty,
Aged 64 Years
Private Secretary(Retd.)
C/o Shri A.Ananda Rao,
Sri Sai Nilayam Mitra Street,
Distt. Ganjam,
Berhampur-760001, Odisha.
38. Chain Singh, s/o Late Sh. Sandhia Dass,
Aged 61 Years
Principal Private Secretary(Retd.)
r/o Y-59, Vivekanand CGHS Ltd.,
Plot No. 2,Sector-12, Dwarka,
Delhi-110075.
39. R.S. Nagpal, s/o Late Sh. G.S. Nagpal,
Aged 63 Years
Private Secretary(Retd.)
r/o M-496, First Floor, Guru Harkrishan Nagar,
Paschim Vihar,
New Delhi-110087.
40. Avinash K.Gupta, s/o Sh. Tek Chand Gu
Aged 63 Years
Private Secretary(Retd.)
r/o G-105, Vivekanand Apts,
Plot No. 2, Sector-5, Dwarka,
New Delhi-110075
41. K. Radhakrishnan, s/o Late Sh. V.B.Nair,
Aged 62 Years
Principal Private Secretary(Retd.)
r/o Krishna Vihar,,
Desamangalam (PO), Thrissur Distt.,
Kerala-679532.
42. V.K.Gupta, s/o Sh. S.D. Gupta,
Aged 61 Years
Principal Private Secretary(Retd.)
r/o 71/95 Prem Nagar,
Janakpuri, New Delhi-110058
43. Rakesh Kumar, s/o Late Sh. Harbans Lal,
Aged 60 Years
Principal Private Secretary(Retd.)
r/o Flat No. 234, Swan CGHS Ltd.
Plot No. 1,Sector-3, Dwarka,
New Delhi-110078.
44. Hardial Singh s/o Late Sh. Jagan Nath,
Aged 63 Years
Private Secretary(Retd.)
r/o B-204, Amba G. Resiency,
Ahinsa Khand-2,
Indirapuram, Ghaziabad,UP. Applicants
(By Advocate: Mrs.Nishapriya Bhatia)
1. Union of India,
Through Secretary (R)
Cabinet Secretariat (SW)
Bikaner House (Annexe),
Shahajahan Road,
New Delhi-110011.
2. Secretary,
Department of Personnel & Training
North Block,
New Delhi-110001
3. Secretary,,
Department of Expenditure
Ministry of Finance
North Block,
New Delhi-110011. Respondents
(By Advocate: Shri D.S.Mahendru)
ORDER
By Honble Shri K.N.Shrivastava,M(A):
This OA has been filed by the applicants against withdrawal of their 3rd financial upgradation to the Grade Pay of Rs.7600/- in PB-3 (Rs.15,600-39,100/-) under MACP by the respondent No.1. The specific relief(s) sought in the OA reads as under:-
(a) Set aside respondent no.1s letter dtd. 18.4.12 which keeps in abeyance implementation of its orders dtd. 22.10.2009, 10.11.2009 and 12.02.2010 vide which the Applicants, on their completion of 30 years of service, were granted w.e.f. 01.09.08- benefit of the 3rd financial upgradtion under the Modified Assured Career Progression Scheme (MACPs) for central government employees.
(b) direct the respondent no.1 to implement respondents orders dtd. 22.10.2009, 10.11.2009 and 12.02.2010 and to accordingly (i) revise the pay which the Applicants drew when they were in service; (ii) revise the Applicants pension benefits; & (ii) issue amended Pension Pay Orders to them incorporating therein the benefit of the Modified Assured Career Progression Scheme (MACPS) granted to them w.e.f. 01.09.08.
(c) direct the respondents to release to the applicants the accumulated arrears on account of grant of benefit of the 3rd financial upgradation under the MACPS to them vide respondent no.1s letter dtd. 22.10.2009, 10.11.2009 and 12.02.2010.
(d) direct the respondents to pay to the Applicants interest @ 12% p.a. on accrued and unpaid arrears w.e.f. 01.09.08- the date of grant of benefit of the MACPS to them vide respondent no.1s order dtd. 22.10.2009, 10.11.2009 and 12.02.2010 - up to the date of payment of these arrears.
(e) to pass such other order or orders as it may deem fit and proper under the facts & circumstances.
2. The brief facts of the case are under:-
The applicants belong to Central Secretariat Stenographers Service (CSSS) and joined the Cabinet Secretariat (SW) in 1970s. This organization is also known as Research and Analysis Wing (R&AW). They had joined as Personal Assistants and, superannuated in the ranks of Private Secretary (PS)/Principal Private Secretary(PPS)/Under Secretary (US) at different points of time. They in fact just got one regular promotion as PS during their service. In order to mitigate the grievance of Govt. employees against stagnation in service, the Government introduced the scheme of Assured Career Progression (ACP) as per the recommendations of 5th Central Pay Commission (CPC) and later the scheme of Modified Assured Career Progression (MACP) as per the recommendations of 6th CPC. The applicants were given first financial upgradation by way of promotion as Private Secretary (PS). They were placed in a pay scale equivalent to present PB-2 (Rs.9300-34,800) with Grade Pay Rs.4600/-. They were given 2nd financial upgradaion to the rank of PPS/US (Equivalent to present PB-2 + Grade Pay Rs.4800/-) under the ACP scheme. As there was no concept of Grade Pay then, the financial upgradation under ACP scheme was to the next rank available in the hierarchy. Consequent upon the implementation of MACP scheme, 3rd financial upgradation was given to them vide order No.09/3/2009-Pers5-15172 dated 22.10.2009 placing them in PB-3 (Rs.15600-39100) with Grade Pay of Rs.7600/-.
3. Vide the impugned communication No.1/2/2009-Pers.6-6028 dated 18/4/12, the 3rd financial upgradation under the MACP scheme to the Grade Pay of Rs.7600/- in PB-3 granted to the applicants has been withdrawn. The said communication reads as under:-
Subject: Grant of 3rd Financial up gradation in the grade pay of Rs.7600/- under MACPs and fixation of pay there of Sir, With regard to the above cited subject, I am directed to inform you that after issuance of clarification by DOP&T vide OM No.35034/3/08-Estt(D) dated 09.09.2010, the matter was taken up with the office of the Director Accounts for implementing the orders of granting 3rd financial up gradation to the directly recruited Assistants/Stenographers C under MACP Scheme. However, DACS have not acceded to our request and instead have advised us to refer the case to DoP&T for clarification. Accordingly, the matter has been referred to DoP&T who in turn have further referred it to MOF (DoE) and the issue is still under their consideration. Every effort is being made to have their opinion/decision on this issue expedited. It may be added that the issue has got linked up with similarly affected officers of CSSS therefore a uniform policy decision is likely to be taken.
2. As you are one of the officers affected due to non-grant of the grade pay of Rs.7600/- under MACP Scheme, it is felt necessary to inform you at latest status in the case. You are requested to bear with us till settlement of the matter by DoP&T /Ministry of Finance.
4. Aggrieved by the impugned communication dated 19.4.2012 (ibid) the present OA has been filed.
5. Pursuant to the notice, the respondents entered appearance and filed their reply. Applicants also filed their rejoinder to the reply filed by the respondents.
6. The respondents in their reply have stated that the grant of 3rd financial upgradation under MACP whereby financial upgradation to the PB-3 with Grade Pay Rs.7600/- given to the applicants was a mistake which was pointed out by the Pay & Accounts Officer (PAO). The matter was referred to the Department of Personnel & Training (DOP&T), who have also advised that the officer appointed as Assistant/PA by direct recruitment in the Grade of Rs. 4600 can only be granted 3rd MACP upto Grade Pay of Rs.6600/- and not beyond that. It is the contention of the respondents that vide order No.5/4/2005-CSI dated 25.01.2006, Non Functional Scale of Rs.8000-275-13,500/- was introduced for Section Officers of Central Secretariat Service (CSS) notionally w.e.f. 1.1.1996 but financial benefits accruing w.e.f. 03.10.2003. As such, this grade also has to be reckoned in the matter of grant of financial upgradation to CSSS officers. The respondents have further submitted that the 3rd financial upgrdation under MACP scheme to the grade of Rs.7600/- in PB-3 was given to the applicants by mistake as it was assumed that none of them were granted NFSG of Rs.5400/- in PB-3 and therefore, they are entitled to 3rd upgradation to the Grade Pay of Rs.7600/-in PB-3 under the MACP scheme.
7. The applicants in their rejoinder have stated that the respondents in their reply themselves have admitted that none of the applicants were granted NFSG of Rs.5400/-. But on the other hand they are denying the 3rd financial upgradation to the grade pay of Rs.7600/- in PB-3 to the applicants on the ground that the NFGS grade of Rs.5400/- has to be counted towards 2nd financial upgradation for the applicants. The applicants further claim that the respondents themselves have admitted that the NFSG grade pay of Rs.5400/- in PB-3 has not been in the hierarchy of CSSS and therefore, their contention that the said grade pay of Rs.5400/- has to be counted towards 2nd financial upgradation of the applicants under the MACP scheme, is not correct. The reason why the grade pay of Rs.7600/- cannot be given out to the R&AW officers (applicants) under 3rd MACP upgradation has been explained by the DOPT in their endorsement to Cabinet Secretariat (SR).
8. The relevant part of the DOPT advice vide OM No.22/22/2009-CS.I (CR) dated 12.10.2010 reads thus:-
Incidentally, the NFS Scale of Rs.8000-13500/- as applicable to SOs/pSs of CSS/CSSS cadres was extended to the SOs/PSs of the Cabinet Secretariat also. Accordingly, the hierarchical pattern of Assistants/SOs & PSs of R&AW is at par with that in case of Assistants/SOs & PSs of CSS/CSSS cadres. This being so, grant of MACP benefits to officials of R&AW cannot be different from that of CSS/CSSS cadres. Ignoring of Non Functional scales for grant of financial upgradations under the MACPS only for the R&AW officials would be against the concept of parity and would tantamount to discrimination. Further, after introduction of MACPS consequent to 6th CPC recommendations, financial upgradations are not granted in the promotional hierarchy, but in the Grade Pay hierarchy. Any deviation from the guidelines would have repurcussions in all other cadres of Central Government.
9. The respondents have also filed a sur-rejoinder in which they have stated that the contention of the applicants that the DOP&T and Department of Expenditure have advised against grant of 3rd financial upgradation to the applicants to the Grade Pay of Rs.7600/-in PB-3 on the presumption that they had granted 2nd financial upgradation to the grade pay Rs.5400/-in PB-3 in the past. This is not correct. The reason why the grade pay of Rs.7600/- cannot be given out to the R&AW officers (applicants) under 3rd MACP upgradation has been explained by the DOPT in their endorsement to Cabinet Secretariat (SR). Incidentally, the NFScale of Rs.8000-13500/- as applicable to SOs/PSs of CSS/CSSS cadres was extended to the SOs/PSs of the Cabinet Secretariat also. Accordingly, the hierarchical pattern of Assistants/SOs &PSs of R&AW is at par with that of Assistants/SOs & PSs of CSS/CSSS cadres. This being so, grant of MACP benefits to officials of R&AW cannot be different from that of CSS/CSSS cadres. Ignoring of Non Functional scales for grant of financial upgradations under the MACPS only for the R&AW officials would be against the concept of parity and would tantamount to discrimination. Further, after introduction of MACPS consequent to 6th CPC recommendations, financial upgradations are not granted in the promotional hierarchy, but in the Grade Pay hierarchy. Any deviation from the guidelines would have repercussions in all other cadres of Central Government.
10. Heard Mrs. Nisha Priya Bhatia, learned counsel for the applicant and Shri D.S.Mahendru, learned counsel for the respondents.
11. We have considered the arguments of learned counsel for both the sides and have perused the pleadings as well as documents annexed thereto. The MACP scheme introduced by the Govt. on the basis of recommendations of the 6th CPC, provides for 3 financial upgradations to a govt. servant on completion of 10,20 and 30 years of service. The scheme does not apply to organized Group A services.
12. The applicants belong to Central Secretariat Stenographers Services (CSSS). They joined R&AW and were initially appointed in the rank of Personal Assistants (PAs) in a pay scale that was equivalent to the present PB-2 with a Grade Pay of Rs.4600/-. They earned one promotion to the rank of Private Secretary (PS) and were given a pay scale equivalent to present PB-2 with Grade Pay of Rs.4800/- before the ACP was introduced by the Government w.e.f. 09.08.2009. They got the benefit of 2nd financial upgradation on completion of 24 years of service as per the ACP scheme and were placed in the pay scale equivalent to present PB-2 with Grade Pay of Rs.6600/-
13. Respondents contend that the Non Functional scale of Rs.800-13,500 (Equivalent to present PB-3 + GP Rs.5400/-) ought to have been accounted towards 2nd financial upgradation of the applicants. The advice given by DOPT is this regard reads thus:
Financial upgradation under the MACP Scheme are personal to the employee concerned and eligibility for such upgradation is decided in consideration of regular service counted from his first appointment in the central government. Accordingly, Non-functional upgradation (NFSG) allowed in the pay scale of Rs.8000-13500/- (GP of Rs. 5400/- in PB-3 w.e.f 01.01.1996 is to be counted against one financial upgradation under the MACPS. (pg.102 )
14. The respondents have admitted that the grade pay of Rs.5400/- in PB-3 was not in the hierarchy in the CSSS cadre. The DOP&T has introduced Non Functional Scale of Rs.8000-275-13,500/- for the Section Officers belonging to Central Secretariat Service (CSS) vide their order No.5/4/2005-CS.I dated 25.01.2006. Para (2) of the order (ibid) reads thus :-
The cadre authorities may grant the Non Functional Scale of Rs.8000-275-13500 to the Section Officers of CSS in accordance with the following parameters:
(i) The Non Functional Scale of Rs.8000-275-13500 is admissible to the Section Officers of CSS on completion of 4 years of approved service in the grade, subject to their vigilance clearance.
(ii) Though the notional pay fixation of the eligible officers will be done w.e.f. 01.01.1996, actual benefits will accrue to them w.e.f. 03.10.2003;
(iii) On account such pay fixation, the officers would be entitled to draw arrears of pay w.e.f. 03.10.2003;
(iv) Section Officers of CSS , who are granted this Non Fuctional Scale of Rs.8000-275-13500 will continue to remain in Group B (Gazetted) and their eligibility for promotion to Grade-I (Under Secretary) of CSS in the pay scale of Rs.10000-15200 will be reckoned on the basis of total period of service spent in both the pay scales, viz. Rs.6500-10500 and 8000-13500, counted together.
(v) Such officer who are placed in the above Non Functional Scale will be entitled to the benefit of pay fixation under F.R.22(1) (a)(2).
15. The above mentioned Non Functional Scale was never introduced for the CSSS to which the applicants belong nor the applicants have derived any benefit from the said order dated 25.01.2006. The basic fact is that the applicants got their first fianancial upgradation by way of regular promotion as PS in a pay scale equivalent to present PB-2 + GP Rs.4800/-. In the year 1999, they got 2nd financial upgradation after completion of 24 years under the ACP scheme to the rank of PPS/US in the scale equivalent to present PB-3+GP Rs.6600/-. Pertinent to note that under the ACP scheme, financial upgradation was as per the next rank available in the hierarchy and there was no concept of Grade Pay then. After the introduction of MACP scheme in 2009 (w.e.f. 1.1.2006), the applicants have been given 3rd financial upgradation on completion of 30 years of service vide orders No.09/3/2009-Pers.5-15172 dated 22.10.2009, No.1/4/2009-PERS.6 dated 10.11/2009 and No.1/4/2009-PERS.6-2574 dated 12.02.10 (Annexure A-2, A-3 & A-4). The 3rd financial upgradation has been withdrawn only due to objection raised by the PAO office. We cannot accept the plea of the respondents that NFSG grade of 5400/- has to be considered as 2nd financial upgradation for the applicants and that the 2nd financial upgradation to the Grade Pay of Rs.6600/- given to them in the year 2009 should be considered as 3rd financial upgradation under the MACP scheme. Admittedly, the applicants were in a scale equivalent to present PB-3 + GP Rs.6600/- when the Non Functional scale of Rs.8000-13500/-( equivalent to present PB-3+GP Rs.5400/-) was introduced for CSS officers. As such their 3rd financial upgradation under the MACP scheme, on completion of 30 years of service, has to be to a grade pay above Rs.6600/- which is GP Rs.7600/- in PB-3.
16. In view of the above, we hold that the applicants are entitled for 3rd financial upgradation under the MACP scheme to the grade pay of Rs.7600/- in PB-3 (Rs.15600-39,100/-). The NFSG of Rs.5400/- in PB-3 can only be applied prospectively and certainly not retrospectively or on deemed basis.
17. In view of above, we find that the impugned communication No.1/2/2009-Pers.6-6028 dated 18/4/12 issued by the respondents to the applicants, is liable to be quashed and the same is done accordingly. Respondents are directed to implement their orders dated 22.10.2009, 10.11.2009 and 12.02.2010 (Annexure A-2). It is further ordered all consequential financial benefits including arrears, shall be paid to them by the respondents within a period of 8 weeks from the date of receipt of a copy of this order.
18. The OA accordingly stands disposed of. No cost.
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