Karnataka High Court
Sri Bhoja Poojari vs Union Of India on 6 May, 2022
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
W.P No.47153/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WRIT PETITION No.47153 OF 2017 (S-CAT)
BETWEEN :
SRI. BHOJA POOJARI
S/O LATE SRI. CHANDU POOJARI
OCCN: COOK (RETIRED)
MASTER CONTROL FACILITY TIFFIN ROOM
HASSAN-573 201
RESIDING AT CARE OF
SARASWATHI STORES
NEAR MCF QUARTERS
ANTARIKSHA NAGAR
DASANKOPPAL
HASSAN-573 201 ... PETITIONER
(BY SHRI. P.A. KULKARNI, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. UNION OF INDIA
TO BE REPRESENTED BY
ITS SECRETARY
DEPARTMENT OF SPACE
ANTARIKSH BHAVAN
NEW BEL ROAD
BENGALURU-560 094
W.P No.47153/2017
2
2. CHAIRMAN
INDIAN SPACE RESEARCH
ORGANIZATION (ISRO)
HEAD QUARTERS
ANTARIKSH BHAVAN
NEW BEL ROAD
BENGALURU-560 094
3. THE DIRECTOR
MASTER CONTROL FACILITY (MCF)
PB NO.66, SALAGAME ROAD
HASSAN-573 201 ... RESPONDENTS
(BY SHRI. M.N. KUMAR, CGC)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD.18.04.2017 IN O.A.170/114/2016,
ANNEX-A PASSED BY CAT BENGALURU BENCH, BENGALURU
AND ALLOW O.A.170/114/2016 FILED BY THE PETITIONER
BEFORE CAT BENGALURU BENCH, BENGALURU
THIS WRIT PETITION, HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 05.04.2022, COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, P.S.DINESH
KUMAR. J, PRONOUNCED THE FOLLOWING:-
ORDER
This writ petition is directed against dismissal of appellant's O.A. No.170/00114/2016, by the CAT1 vide order dated April 18, 2017.
2. We have heard Shri. P.A. Kulkarni, learned Advocate for petitioner and Shri. M.N. Kumar, learned CGC for respondents. 1 Central Administrative Tribunal W.P No.47153/2017 3
3. Brief facts of the case are, petitioner approached the CAT contending inter alia that he was engaged in the INSAT Master Control Facility situated in Hassan as a Coffee maker in 1982. In 1986, he was appointed as a cook. In the year 2000, respondent sought to streamline the career management of the employees in Departmental canteen at ISRO Head Quarter in Bengaluru and MCF, Hassan. Accordingly, petitioner's designation was shown as cook (Halwai) in the pay scale of Rs.3200-85-4900. On July 25, 2000, he was granted the benefit of First ACP Scheme and given pay scale of Rs.4000-6000 with effect from August 9, 1999 and placed in PB-I with grade pay of Rs.2,400/- with effect from January 1, 2006. On completion of 20 years, he has been given the next higher grade pay of Rs.2,800/-.
4. Petitioner's grievance is, as per Office order dated December 12, 2000 (Annexure-A4), as W.P No.47153/2017 4 per the sixth CPC recommendation, as per ISRO pattern, his pay scale ought to have been fixed as Rs.4,000-6,000 and the benefit of first and second ACP ought to have been granted.
5. In substance, petitioner has sought for pay scale of Rs.9300-34800 plus grade pay of Rs.4,200/- with effect from September 1, 2008. He approached the CAT with a prayer inter alia to declare that he was entitled for second financial upgradation pay scale of Rs.5,000 to 8,000 (pre- revised) and correspondingly PB-2 with grade pay of Rs.4,200/-. The O.A. was resisted by the respondents. On consideration of material on record, the CAT has dismissed the O.A. Hence, this writ petition.
6. Shri. Kulkarni, learned Advocate for the petitioner argued that once administration has accepted petitioner's services on the ISRO pattern W.P No.47153/2017 5 in terms of office order dated December 12, 2000, petitioner shall be entitled for the next pay scale of Rs.5,000/- to Rs.8,000/- and not as fixed by communication as per Annexure-A11 dated May 6, 2015.
7. Shri. M.N. Kumar learned Advocate for respondents argued opposing the writ petition.
8. We have carefully considered rival contentions and perused the records.
9. Undisputed facts of the case are, petitioner was appointed as Cook in INSAT MCF Canteen with effect from September 10, 1986 and brought on regular service with effect from October 1, 1991. The pay scale of Cook (Halwai) was Rs.3200-4900. After introduction of the ACP, petitioner was given upgradation in the next higher pay scale of Rs.4000-6000 with effect from August 9, 1999 as he had completed 12 years of service. W.P No.47153/2017 6 This pay scale was revised following the Sixth CPC recommendation and petitioner was placed in the pay scale of Rs.5200-20200 (PB-I with grade pay of Rs.2,400/-).
10. The MACP Scheme has come into existence form September 1, 2008. By then, petitioner had competed 20 years of service. Accordingly, he was given the benefit of second financial upgradation in the pay band of Rs.5200- 20200 and grade pay of Rs.2,400/-.
11. Petitioner has sought for grant of second financial upgradation under MACP in pre-revised pay scale of Rs.5000-8000, in the scale of General Manager. It is not in dispute that petitioner has been given second financial upgradation on completion of 20 years under MACP Scheme. He was in the pay scale of Rs.5200-20200 and Grade pay of Rs.2,400/-. Therefore, he has been rightly W.P No.47153/2017 7 given the next higher Grade pay of Rs.2,800/- at the time of giving second financial upgradation.
12. In view of the above, no exception can be taken to the order passed by the CAT.
13. Resultantly, this writ petition fails and it is accordingly dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE SPS