Central Administrative Tribunal - Kolkata
Deb Kr Dey vs Eastern Railway on 4 September, 2018
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8" Y L
kCENTRAL ADMINISTRATIVE TRIBUNAL
R,AR
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CALCUTTA BENCH
O.A. No. 350/00948/2012 Date of Order: 2..j .
Present: Hon'ble Ms. Bidisha Banerjee, Judicial Member.
Hon'ble Dr. Nandita Chatterjee, Administrative Member
1.Sri Deb Kumar Dey,
son of Late Sanu Lal Dey, aged about 47 years, working
as Junior Engineer (I.T.), i n I. T. Centre, Eastern
1St
Railway,14, Strand Road, Floor, Kolkata-700 001,
residing at 121/4E,Satin Sen Sarani, Koliata-700 054.
2. Sri Gopa dra Das,
son o tSltltØ,. . Das. aged about 51 years,
wo 4 as, nfe (I.T.), I n I. T. Centre, Eastern
1st
R iiay •., ,. oa. Floor, Kolkata-700 001,
edin as ga Colony, P. 0. & Dist.
ghI, .. Wet; engal.
e ' I g as Junior Engineer (I.T.), in
1st
I. T. e g, Floor, 14, Strand Road,
Kolkata- iding at 1218/1, K. P. Nukherjee
Road, GA-5, Geeta Apartment, Kolkata-700 008.
Sri Dilip Ghosh Dastidas,
Son of H. P. Ghosh Dastidar, aged about A4 years,
working as Junior Engineer (I.T.), I n Sr. System
Manager's Office,l.T. (EDP Centre), Eastern Railway,14,
Strand Road, Kolkata-700 001, residing at A-31, Jal
Vayu Vihar, Block-LB, Sector-Ill, Salt Lake,Kolkata-700
098
Sri Shyamal Kumar Biswas,
son of Late Binod Biswas, aged about 50 years,
working as Senior Engineer (I.T.), in Senior System
Manager's.Office/l.T. (EDP Centre), Eastern Railway,14,
Strand Road, Kolkata-700 001, residing at 21/A, "D"
Lane, Kalianibash Main Road, P.O. Nona Chandan
Pukur, P. S. Titagarh, Kolkata- 700 122, West Bengal.
H
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2
Sri Ajoy Kumar Das,
son of Late Anil Ch. Das, aged about 50 years, working
as Junior Engineer (l.T.), in I.T. Centre, Eastern
Railway, 14, Strand Road," Floor, Kolkata-700 001,
Sri Dilip kumar Mondal,
son of Late Manahar Mondal, aged about 59 years,
working as Senior Engineer (l.T.), in Senior System
ft
Manager's Office,14, Strand Road, NKG Building,
Floor, I. T. Centre, Eastern Railway, Kolkata-70,0 001,
residing at 1, S. N. Mukherjee Lane, Flat No.B/402,
Bhadrakali, Hooghly, Pin 712232.
Sri Dibyendu Sarkar,
son of Late Dilip Kr. Sarkar, aged about 45 years,
working as Junior Engineer (l.T.), in Senior System
Manager's Office, I.T. Centre, Eastern Railway,14,
Strand Road NKG Building, 1" Floor, Kolkata-700 001,
residing at 12/1, Rani Sankari Lane,Kolkata-700 026.
Sri)1ilI,JVt*erjee,
about 52 years,
)ineer (l.T.), in the office of
Easter Railway ,Kolkata,
ridi _. . ChiXt Street, P. 0.
bBlur . .rah,irJ:711 202.
APPLICANTS.
Union of India,
Through the General Manager, Eastern Railway,
17, N. S.Road, Kolkata-700 001.
The Railway Board
Through the Secretary, Railway Board, Room
No.256A, Rail Bhawan, Raisina Road, New Delhi-
11001.
The Chief Personnel Officer,
Eastern Railway, 17, N. S.Road, Kolkata-700 001.
The Financial Advisor& Chief Accounts Officer,
Eastern Railway, Fairlie Place, Kolkota-700 001.
The Deputy Financial AdviSOr& Chief Accounts
6. Kolkata
(G), Eastern RailwaY,17,N.S.R0
Officer
-700001.
Deputy Chief Accounts Officers (G),
Eastern RailwaY, 17, N. S.Road, Kolkata- 700 001.
Senior System Manager,
I.T. Centre, Eastern RailwaY, 14, Strand Road,NKG
Building, i't Floor, Kolkata-700 001.
ntS.
For the Applicants Mr S. K. Dutta, Counsel
For the Respondents : Mr. A. .K Guha, Counsel
Mr. L. K. Chatterjee,Cousel
ORDER
b .
Per Ms. Bidisha Saner ee Judi i wmber:
IN he t(8) applicants in order to
This application has fi
1.
seek the following r lies
, he applicants under Rule
"8(a) ranting
r lye Tribunals (Procedure)
4(5)(a) of e e
A ation jointly.
Rules, 1987 t
An order holding that the decision of the respondents to
(b) treat the absorption/deployment of the applicants in the reorganized EDP Cadre i.e. in the newly created IT Cadre of Eastern Railway and further deciding to withdraw the benefits of MACPS are bad in law, arbitrary and cannot be sustained. (c ) An order directing the respondents not to treat the absorption/deployment of the applicants in newly created IT Cadre with retrospective effect from 1.4.2005 as promOtiOfl and if any reduction of pay is already made by treating such by withdrawing absorption /deployment as promotion financial upgradatiOfl under MACP Scheme , the respondents may be directed to rescind/recall the same and to grant the applicants all consequential benefits.
(d) An order quashing and/or setting aside the office orders dated 12.9.12 and 13.9.12 (A-7 collectively). 01 An order quashing and/or setting aside the impugned communication dated 20.9.12 (A-8).
An order directing the respondents to grant all consequential benefits to the applicants in terms of reliefs prayed for hereinabove.
An order directing the respondents 1 to produce /cause production of all relevant papers.
(h)Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.
2. The applicants have pleaded that all of them, save and except the applicant No.10, were initially recruited against the erstwhile EDP Cadre of the Eastern Railway as pf Urhough open market from 1989 1st onwards in the pay scf: aranted ACP in the scale of Rs.5000 8000/- $J.fl C. : 2 y&r in the scale of Rs.4500 -
AJ
10 __
5000/- . In the year Q hs reorganized and a newly
created cadre known as ed.
On absorption they came to the new cadre on abolition of their posts in the erstwhile EDP Cadre, They did not derive any additional monetary benefits on absorption in the newly created IT Cadres, made with retrospective effect from 1.4.2005 but by way of mere placement and accordingly, they were granted benefits of MACPS but subsequently vide office orders dated 12.9.12 and 13.9.12 (A-7), 20.9.12(A-8) such absorption/deployment was treated as "promotion", changing thel service condition of the applicants with retrospective effect from 1.4.2005, which according to the applicants was impermissible as they were not put to any notice or show cause. Consequently, the pay of the applicant no.7 was reduced and the pay of other applicants were ordered to be reduced from the month of October, 2012. As such, the applicants being left with no other alternative approached this Hon'ble Tribunal for the ends of justice.
3. The respondents have averred that as per staffing pattern of the new set up, the lowest grade would be junior Engineer(IT)/Grade-ll in scale of Rs.5000-8000/, while in the earlier set up it was Data Entry Operator in scale of 4500-7000/-. Therefore, it was decided that the Data Entry Operator in Scale Rs.4500-7000/- in the earlier set up would be aIsorbed/deplôyed in th dre in scale Rs.5000-8000/-.
e Further that initially,,1t Xff in lowest grade Rs.45007 7000/- would be abs(rd icion for entering into grade u t Rs.5000-8000/-, in th r 9 S sequently, Railway Board, vide it's letter No.2002/ 6.11.2006(R-1), clarified that the DEOs working in grade Rs.4500-7000/- would be considered for absorption /placement in the post of JE(IT)/Grade-ll in scale Rs.5000-8000/- through modified selection procedure, based on scrutiny of service records/confidential and those found suitable would be granted proforma benefit of promotion from 01.04.2005 and actual payment from the date they physically start discharging duties of higher grade post. Five years service in scales Rs4500-7000/- was prescribed as eligibility criteria to be placed in recognized cadre. Therefore, the staff working as DEOs in scale Rs.4500-7000/- in the earlier set up were absorbed/placed in the new set up as JE(lT)/Gáde- JI in scale Rs.5000-8000/- on promotion, ot else provision regarding five years service on pay scale Rs.4500-7000/- as eligibility for said placement, benefit of proforma fixation Of pay, as applicable in case of promotion and scrutiny of past records of service, would not have been there.
They have contended that the appointment in the entry grade of Rs.5000-8000/- of the newly formed IT cadre was not solely on 100% direct recruitment. Rather, as per the new staffing pattern, 40% of the posts plus any shortfall against the promotional quota was to be filled up by way of direct recruitment throu ent Board and 60% of the on from amongst regular posts were to be fillet serving staff in any drt C '4rking in grades below the 1(i) grade Rs. 5000-8000/\N rs of regular service with qualification as prescribe nt. Therefore, the movement from any feeder grade post to the post of JE (IT) was a promotion.
The respondents have further contended that, for the new Unified IT Cadre, it was decided that fresh recruitment in the grade Rs.4500-7000/- in the cadre of DEOs would be stopped forthwith as the grade would not be there in the new set up. Evidently the DEO posts in scale Rs.4500-7000/- were abolished on formation of the new set up but not on absorption /l'acement of staff in the higher grade as has been wrongly claimed, by the apiplicánts. Consequently the staff working as DEOs in scale Rs. 4500- 7000/- have been absorbed/placed in the next higher grade of Rs.5000- 8000/- in the, new set up, on promotion, through modified procedure and the benefit of promotion have been allowed to them.
4. In: regard to withdrawal of MACP benefits the respondents have pleaded that under MACP, as contained in Railway Board's policy instruction dated 10.6.2009, three financial up gradations on completion of 10, 20 and 30 years of service respectively are available with reference to the direct entry grade of an employee provided that he has not earned first, secord and third promotions, prior to these stipulated periods.
In terms of para 9 of such policy, regular service for the purpose of MACPs commence from the date of a joining to a post on a regular basis ViStre.
in direct entry grade on rrecr tme44a s. For the purpose of MACP the entry grade of aipl dv ich he/she joined on the _ C basis of direct recruirnt. the W1, licant joined the post of
-L JE.11 (IT) in pay scale 78000 r de Pay 4200/- of PB-2) on direct recruitment basis, b ted as such on the basis of promotion, the grade of JE(IT) in GP -4200 of PB-2 could not be treated as entry grade for the applicants for the purpose of MACP Scheme. The placement of the applicants in pay scale Rs.5000-8000/- (Now GP - 4200/1313-2) from Pay Scale of Rs. 4500-7000/- (Now GP-2800/PB-1) had to be rec:koned for the purpose of MACP Scheme and had to be offset agaihst one financial upgradation under the Scheme.
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The respondents have further clarified that on demand from the
- Union of the employees for financial up-gradation under MACPS, Railway pard vide their letters dated 11.10.2011(R-3) and 03.02.2012 (R-4) clarified that the progression of EDP staff from pay scale of Rs.4500-7000/- to 5000- 8000/- is a promotion and has to be taken into account while granting the benefit of financial up-gradation to such staff under MACP Scheme 61h CPC pay structure, the pre-revised pay scale of Rs. Further that in 4,500-7000/- and Rs.5000-8000/- have been allowed distinct grade pay of Rs.2800 in PB-i and 4200 in P8-2. Evidently these two grades have not merged, hence the promotion of the applicants from pay scale Rs.4500- 7000/- to Rs.5000-8000/-7a€.. ed for the purposes of MACP.
Ld Counsels we were perused.
The issue, tha wIS Jhether movement of the
oftio
applicants from DEO - (PB 1 GP 2800/-) to that
of JE (IT) II in the scale of Rs. 2 GP 4200/-) had to be treated
as a promotion to Offset one MACP and therefore whether MACP benefits accorded earlier were rightly taken away.
7. Railway Board issued R.B.A No. 42/04 on the following:
"Sub: Reorganisation of staffing pattern of EDP Centres".
It envisaged the need for reorganization, the decision and manner of implementation of the decision, as extracted hereunder:
I At present the computer activities in the Railways are broadIi spread over EDP Centres in the headquarters of Zonal Railways and, the Pus and at computer certres at Divisions, Workshops, Stores Depots and Passenger Reservation System (PRS). Of these, the staffing pattern is encoded only in Zonal and Production Units "EDP Centres, others being named on ex-cadre basis. In view of rapid technological changes in the filed of Information Technology, transformation of the EDP centres into IT resource centres with online environrnent of working in sequel to implementation of SDT and MIS applications wherein data entry would be mostly taken care of by the user department, the question of reorganization of existing computer activities including the staffing pattern had been under consideration of Board for some time. The matter has since been considered in consultitio.n with both the recognized federations and it has been decided as under:
New Set Up The new reorganized set up will be known as Information Technology Centres (IT Centres). The IT Centres will encompass octivitw&-pFevntly being undertaken by, Zonal and Poduction s, Divisional, Workshop and Stores D /ko ent>% ut will not include FRS and FOIS. T .jn on ities of the reorganized set up are sSie lIoi paragraph.
fvewC r
The reorg be known as Information
Technology cadre e).
Xxxxxxx xxxxx xxxxxxxx
(I) Computer System Management Section:
ReLcponsibility for installation, maintenance and efficient management of computer systems including hardware and system software on the Railway.
Technical clearance of corn puterizötion materials on the Railways.
/ Liaion/coordinatjon with maintenance contractors, etc. Any other function as spelt out by competent authority from time to time.10
(ii) Database Maintenance/Administration Section a. Managing data base availability, planning and creating databases, managing physical structures.
b. Managing storage based on design.
c. Managing security backup and recovery database tuning. d. Assistance in software maintenance e. Aectification of minor problems and minor modification required in application software.
f. Liaison/coordination with maintenance contractors, etc. and g. Any other function as spelt out by competenauthorities from time to time.
iii) Computer Net ent Section
Manag LAN& WAN.
Rectifi4if order to have uptime
possiblk.
Liaison/ o on wit e ed authorities for proper
uplinking.
Maintenance of network equipments.
Ensuring optimum bandwidth over the network. .f. Investigation/Rectification of data loss over network, if any g. Plug cases of data collision and rectify it immediately. h. Any other function as allowed by competent authority.
(iv) Application Co-ordination Section a. Co-ordination with relevant user departments and handing of other related policy matters.
11b. Effecting improvements in the systems; certificqtion of the applications, modules thereof and overall supervision of pace of implementations of applications etc. c. In the on-line applications developed in RDBMS environments, association of user department is a prerequisite for success of the project. The respective user departments will carry out following functions.
In put data capture & validation.
Database updation.
*Generation of various reports and downloading thereto Liaison/coordination with maintenance contractors etc. Any other function as spelt out by competent authorities from time to time.
a7Ii1PAr 1LIfLT___________________ _n b. L_4f C. Ma LI CoordinatiTfrainin
-777 g agencies, bodies, association etc. Liason/coordination with training contractors etc. Any other functions as spelt out by competent authorities from time to time.
(vl) Software Library, technical reference, section Procurement of required books/CDs/ Programs and proper upkeep thereof.
Maintenance of technical reference books. c. Maintenance of source codes for propriety software / .....---.-...----.'
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-.---. ---.----- . . . N-..--- ---. .-
--,-.--------'-N-.-----... - -------.--..
V
Maintenance of user licence, software licence and periodical review Maintenance of operating system and software program, CDs/floppy etc. Any other function as spelt out by competent authorities from time to time.
(vii) Data entry_section This will be required only till all applications are made online and there are no residual traditional applications requiring data entry in IT centres).
Carry out traditional data entry activities. Liaison/coordination with maintenance contractors, etc. C. Any other function as spelt out by competent authorities from time to time.
The size n kke above Sections mentioned above is left tf dding on the workload and h e?textent procedure.
exigencies of Ivàk I 1W 0
4. Date ore ect from 01.04.05. These The re-organizat instructions will supercede a instructions issued earlier on Staffing Póttern for EDP Centres at Zonal Railway Headquarters andPUs and other computer centres at Divisions, Workshops and stores Depots.
5. StaffingPattern:
The following will be the cadre structure of the reorganized setup a/on gwith scales of pay, mode of induction and eligibility criteria:13
Mode of filing up Qualification for airecr Designation Scale recruitment and eligibility criteria for promoti9n PGDCA/B.Sc (Computer science Junior Rs.5000-
50% DR + )BCA/DOEACC 'A' Jeva course
Engineer(IT) 8000
the for three year' duration of
Grade II shortfall against
promotion through DRD equivalent from recognized
50% by selection University/Institute.
from amongst regular
serving staff in any
Department in Group C
working in grade below
the grade Rs.5000-8000
with a minimum of 5
years regular service
with qualification as
prescribed DR
xx x XXXXXXXXXXX
Xxxxxxxxxxx
7. Absorption tjio q!a in the new IT cadre:
(i) exi e EP Centres who are encadred
would e d and adjusted in
correspo d ivalent r n the new IT Cadre. The
grade in Pt g shall be the basis for their
absorption in ing/equivalent grade. They will
be assigned seniority in the absorbing grade with to length of non-fortuitous service in the corresponding/equivalent grade as on 1/4/05 subject to the con ditionthat inter-se- seniority of person in the same.category will not be disturbed. However, staff in the lowest grade Rs.4500 - 7000 will have to pass the selection for entering into entry grade 5000-8000 in the recognized setup. A concession/relazation to the extent, of 10% in standard may be allowed to them to facilitate their deployment/promotion in the said grade failing which they will be repaired to their parent cadre. Once the existing staff is so adjusted, the induction/direct recruitment for new set up will come into force ,for any vacancy remaining unfilled and that arising in future.
in the meanwhile fresh recruitment at the entry level / (Rs.4500-7000) in the cadre of DEOs should be stopped forthwith since that grade will not be there in the new set up and to that extent, the problem of their promotion/deployment in next higher grade (Rs.5000- 8000) in the new setup will not arise.14
(ii) Staff working on ex-cadre basis in computer centres at Divisions, Workshops and Stores and Depots will be considered for deployment in the equivalent grade on their request in the new set up subject to the conditions that they are holding the grade on regular basis after due selection, and are working for at least 10 years in the Computer Centre either on continuous basis or in broken spells. On absorption in the new set up they will be assigned seniority in the aLsorbing grade with reference to non-fortuitous length of service in the grade held by them on regular basis in their parent cadre as on 01.04.05. Others will be repatriated to their cadre in, due course. Considers ation will start only from the safety grade and win cover the other grades in the hierarchy in due course as and when the existing incumbents hiolding the posts on ex-
cadre basis vacdte the some and staff inducted in the new set up in terms of revised procedure as outlined in paraS above become eliaible for orornotion.
In the new set /t' e I i hig entry qualification and
H? __
dt
higher scale were pr4iab isc e more onerous job than
0
the DEOs of erstwhile applicant have failed to
show that the entry qual identical to that of JE (IT) II.
8. We noted that in the new set up the entry grade for group 'C' staff wa fixed at Rs.5000-8000/-. Earlier it was Rs.4500-7000/-. Since the staff in scaleRs.4500-7000/- (PB 1 GP 2800/-) have been placed in next higher scale of Rs.5000-8000/-(PB2 G134200) in the new set up, on promotion through a modified selection procedure, with proforma benefit of promotion with effect from 01.04.2005, such progression from the lower scale of Rs.4500- 7000/- to a highr scale of Rs.5000-8000/-, from a lower post of DEO to a higher post of JE(lT) II with higher responsibilities, as enumerated above had to reckon as apromotion/financial up-gradation for the purpose of MACPs. 15
We further deciphered the following materials from record:
9. (1) Board's Circular RBA 60/2006 (R-1) issued on ReorganiSatiOn of staffing pattern of EDP evidently and eminently points towards existence of the elements and attributes of promotion in such movement from DEO to JE(IT) II. The extract of "Reorganisatiofl of staffing pattern of EDP Centres" being as under: (emphasis supplied for clarity) (I) Residency Period :- The residency for promotion to next higher grade in the cadre will be 2 years instead of 5 years.
xxxxXXXXXX
XXXXXXXXXX
F 11g u e-ll : In the reorganized
e6 of .( ) Grade --Il will be filled
r
reruf er tiof the existing DEC) aS
JE(l
(v) Absorption ent of existing staff in new IT cadre
(a) Selection Test for DEO: The DEO5 working in grade Rs.4500-7000 will he considered for absorption/placement in the [post of JE(JT) GradeIl (Rs.5000 -8000) through the modified selection procedure based on scrutiny of service records confidential reports. Those found suitable will be granted pro form a benefit of promotion from 1/4/5 and actual payment will be admissible from the date they physically start discharging duties of the higher grade post. It is evident that the placement as such of existing DEO to JE(IT)Grade II was never intended to mean a placement to a higher scale shorn of higher duties, responsibilities, status, pay, scale, grade but will all such attributes of a "promotion". S f The RBA further stipulated "(b) Minimum service condition: Minimum service forthe existing staff for eligibility, for absorption in the recognized cadre has been revised as 5 years. However, staff willing for dbsorption in recognized cadre but having less than 5 years service, will be allowed to work in ex-cadre capacity up to 5 years and considered for absorption after completion of 5 years."
It is therefore, palpable that the erstwhile DEOs only upon completion of 5 years in the erstwhile grade were entitled to be placed to such hi'gher posts of JE(lT) I.I. It was not a placement simplicitor or an upgradàtion simplicitor. The existing DEOs were therefore absorbed in the higher post of JE (IT) II The RBAfur (pen 7 1cI7)x\ .
a, S
(vi) Tr ,4.ii : catil/professionaI
qualific 10 o or/for the existing staff, but
the admi '6,i e Jrrangefor/ impart
appropriate . jyon the cost of Railways.
(vii) All other conditions stipulated in letter dated 17/11/2004 including date of effect will remain unchanged. (2) In addition to what transpired from the RBA supra, we find that the MACP scheme envisages the following: (extracted to - the extent relevant and germane to the lis)
- 1. There shall be three. financial up gradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years of service respectively. Financial up gradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the some Grade Pay.
/ 17 * 2. The MACPS scheme envisages merely placement in the immediate next higher Grade Pay.
'Regular service' for the purpose of MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or of absorptionIr- employment basis.
On grant of financial up gradation under the Scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of Government accommodation shall be permitted.
The MACPS, contemplates merely placement on personal basis in the immediate Higher Grade Pay/grant of financial benefits only an * amount to actual /functional promotion of •.ned.
liaranted eitfler two reguiur under the ACP Scheme of October,1j'9 a of4 years of regular service then only fin on4uld be admissible to him under the AC,P f. /0 years of service provided that he has YtiJh in the hierarchy.
From the provision supra explicitly and inarguably a "direct entry" could have been an "absorption" to a higher post and not necessarily only a "direct recruitment".
The applicants having thus moved from a lower scale to a higher scale (Rs. 4500/-7000/- to 5000/-8000/-) from lower post DEO to a higher one JE (IT) ii with higher status and responsibilitieson absorption, had advanced in their career. They were not stagnating in the same scale or a grade pay for 10 years at a stretch and therefore, their advancement to a higher post with a higher pay scale (pay band with a grade pay) was rightly reckoned as a promotion for the purpose of MACP.
_-. . ------------------ -
18 The stand of the applicant that the movement was not a promotion, got further debilitated when we noticed Railway Board's order dated 11.10.11 which clarifies such movement in the following manner Sub. :Grant of financial up gradation under MACP Scheme-
Clarification regarding:
With reference to item NO.(ii), it is stated that the issue hasbeen consideredin the light of Board's instructions dated 17-11-04 and 16-11- 06 providing for re-organisation of staffing pattern of EDP Centres. In terms of the instructions contained in para-7(i) of Board's letter dated 17-11-04 and Para- V (a) & (b) of Board's letter dated 16-11-06, the staff. in DQV scale of Rs.4500-7000/PB-2,GP-2800 are to be absorbed/redeployed in pay scale of Rs.5000-8000/ PB-2,GP-4200 on promotion through the modified selection procedure,, subject to fulfilment of eliaibilitv captd.15.,such. the oroaression of EDP starr .rrom pay scale. W.Uu-iUfr. a Hs..5UUU-UUU/- is promotion and has to be nto takf. . hi?e nting the benefit of financial uoaradation to sdcta ' Sc: e"
1W While the attribes palpable from the orders supra we noticed that t for quashing of consequent orders dated 1.9.12, 13.9.12 and 20.09.2012 whereby and whereunder the MACP benefits granted earlier were withdrawn or sought to be withdrawn but failed to challenge the parent order dt.11.10.11, extracted supra, on the basis of which. the consequent orders of 2012, impugned herein, were issued.
Having failed'to challenge the parent order the applicants cannot be permitted to challenge the consequent orders.
-19
It is trite, axiomatic and settled law that merely impleading an order i without challenging its root may defeat the cause. Resultant situation cannot be open to attack (AIR 85 SC 774)
12. Since, in our considered opinion the placement of the applicant to IT cadre clearly and unambiguously spells out the following movement/progression of erstwhile ED (DEO) staff to IT centre from the lower scale of Rs.4500-7000 (revised to PB-i, GPRs.2800/-) to higher scale Rs.5000-8000/-(revised to P132, GPRs.4200/-),
(ii) from a lower post to Data Entry Operator to that of Junior Engineer(IT)ll
(ii) through a "modified selection procedure";
(iv) subject to co cy period of 5 years in the lower
scale/post such "promotion",
Such movement /p ress3 cenri carried with it all the
elements/attributes of r' ion. ITh was liable to be reckoned as
7kii 3'
a "promotion" to offset the MACP benefits accorded
erroneously were rightly taken away.
13. In the aforesaid backdrop we find no merit in the OA. It is accordingly dismissed. No costs.
(Dr. Nandita'Ccatterjee) Member (A)