Central Administrative Tribunal - Delhi
Cyriac Mathew vs Govt. Of Nctd on 5 January, 2024
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Item No. 32- (C-V)
O.A. No. 1345/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1345/2016
This the 5th day of January, 2024
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Cyriac Mathew, Assistant Accounts Officer,
aged about: 49 years, Son of Mr. A.J. Mathew,
Date of initial appointment as LDC: 15.01.1988,
Date of promotion as UDC: 28.05.1998,
Date of promotion/appointment as
Assistant Accounts Officer: 03.08.2006
Posted/working at: Dr. Hedgewar Aroygya Sansthan,
Government of N.CI. Delhi, Karkardooma, New Delhi.
Resident of: 3D, Pocket - 1, MIG Flats, Mayur Vihar, Phase - Ill, Delhi:
110096.
2. Anil Kumar Hasija, Assistant Accounts Officer,
aged about: 42 years, Son of Mr. Niyamat Rai,
Date of initial appointment as LDC: 27.09.1995,
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted/working at: Bhagwan Mahavir Hospital,
Government of N.C.T. Delhi, Pitampura, New Delhi.
Resident of: 251/2, Punjabi Gali, Sarai Pipalthala,
near Adarsh Nagar, Azadpur, Delhi: 110033.
3. Davinder Kumar, Assistant Accounts Officer,
aged about: 49 years, Son of Late Mr. Om Prakash,
Date of initial appointment as LDC: 06.07.1994
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted/working at: Babu Jag Jivan Ram Memorial Hospital,
Government of N.C.T. Delhi, Jahangirpuri, Delhi: 110033.
Resident of: B -3/1, B.J.R.M. Hospital Complex, Jahangirpuri, Delhi:
110033.
4. Lalit Kumar, Assistant Accounts Officer,
aged about: 45 years, Son of Mr. S.N. Sharma,
Date of initial appointment as
Statistical Investigator: 31.01.1995
Date of promotion/appointment as
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Assistant Accounts Officer: 04.08.2006
Posted/working at: Delhi Pollution Control Committee,
Government of N.C.T. Delhi, 1.S.B.T. Kashmere Gate, Delhi.
Resident of: House no. 87, Block: C-5, Keshavpuram, Delhi: 110035.
5 Abraham Alexander, Assistant Accounts Officer,
aged about: 50 years, Son of Late Mr. Alexander P.A.,
Date of initial appointment as LDC: 11.11.1987,
Date of promotion/appointment as
Assistant Accounts Officer: 04.08.2006
Posted/working at: Public Works Department Secretariat,
Government of N.C.T. Delhi, Delhi Secretariat,
LP. Estate, New Delhi.
Resident of: 80, C&D Block, Kanishka, DDA SFS Flats,
06 Shalimar Bagh, Delhi: 110088.
6. Sarita Gupta, Assistant Accounts Officer,
aged about: 46 years, Daughter of Mr. M.P. Aggarwal,
Date of initial appointment as
Statistical Investigator: 19.12.1994
Date of promotion/appointment as
Assistant Accounts Officer: 24.08.2006
Posted/working at: Ambedkar Institute of Technology.
Government of N.C.T. Delhi, Madhuban Road,
Shakarpur, Delhi.
Resident of: 1406/1, Street no.2, Shalimar Park,
Bholanath Nagar, Shahdara, Delhi: 110032.
7. Krishna Kumar P.V., Assistant Accounts Officer,
aged about: 52 years, Son of Late Mr. Velayudhan Nair,
Date of initial appointment as LDC: 24.09.1987,
Date of promotion as UDC: 27.05.1998,
Date of promotion/appointment as
Assistant Accounts Officer: 28.02.2006,
Posted/working at: G.T.B. Hospital,
Government of N.C.T. Delhi, Shahdara, Delhi.
Resident of: Q/246, Dilshad Garden, Delhi: 110095.
8. Subhash Dhyani, Assistant Accounts Officer,
aged about: 45 years, Son of Mr. J.P. Dhyani,
Date of initial appointment as Steno: 04.11.1992
Date of promotion/appointment as
Assistant Accounts Officer: 04.08.2006
Posted/working at: Delhi Police, Police Headquarters,
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IP. Estate, New Delhi.
Resident of: House no. F- 121, Nauroji Nagar, New Delhi: 110029.
9. Vipul Kapoor, Assistant Accounts Officer,
aged about: 47 years, Son of Late Mr. R.C. Kapoor,
Date of initial appointment as
Statistical Investigator: 10.04.1995,
Date of promotion/appointment as
Assistant Accounts Officer: 23.08.2006
Posted/working at: Directorate of Health Services,
Government of N.C.T. Delhi, Office of the CDMO (WD)
A-2, Paschim Vihar Extension, New Delhi.
Resident of: 101, Paschim Vihar, Delhi: 110063.
10 Surya Prakash, Assistant Accounts Officer,
aged about: 45 years, Son of Mr. J.L. Sawhney.
Date of initial appointment as LDC: 04.05.1993,
Date of promotion as UDC: May, 2005,
Date of promotion/appointment as
Assistant Accounts Officer: 14.02.2006
Posted/working at: Netaji Subhas Institute of Technology,
Government of N.C.T. Delhi, Azad Hind Fauj Marg,
Sector -3, Dwarka, New Delhi: 110075.
Resident of: Flat no. 110, First Floor,
Shri Keshav Kunj Apartments, Pocket -D, Sector -17,
Dwarka, New Delhi: 110075.
11 Anil Kumar, Assistant Accounts Officer,
aged about: 44 years, Son of Mr. Sewa Ram,
Date of initial appointment as LDC: 03.03.1997,
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted/working at: Directorate of Health Services,
Government of N.C.T. Delhi, Office of the CDM0,
District North East, A - 14, G -1, Dilshad Garden, Delhi.
Resident of: 62/4A/8A/1, Teliwara, Shahdara, Delhi: 110032
12 Ashok Kumar Verma, Assistant Accounts Officer,
aged about: 57 years, Son of Late Mr. Roop Ram Verma,
Date of initial appointment as LDC: 06.10.1983,
Date of promotion as UDC: 24.01.1994
Date of promotion/appointment as
Assistant Accounts Officer: 08.02.2006
Posted/working at: Directorate of Information and Publicity,
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Government of N.C.T. Delhi, Block No.9,
Old Secretariat, Delhi: 110054.
Resident of: Flat no. 1500, Type- II,
Delhi Administration Flats, Gulabi Bagh, Delhi.
13 Satvinder Singh, Assistant Accounts Officer,
aged about: 42 years, Son of Late Mr. Pratap Singh,
Date of initial appointment as LDC: 07.07.1998,
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007,
Posted/working at: Directorate of Audit,
Government of N.C.T. Delhi, 4" Floor, I.P. Estate, New Delhi.
Resident of: WZ- 547, Rishi Nagar, Rani Bagh, Delhi: 110034.
14 Ramesh Kumar lssar, Assistant Accounts Officer,
aged about: 43 years, Son of Late Mr. Ravinder Kumar Issar,
Date of initial appointment as LDC:28.04.1993,
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted/working at: Irrigation and Floor Control Department,
Government of N.C.T. Delhi, Civil Division -I,
Opposite ESI Hospital, Basai Darapur, New Delhi.
Resident of: House no. 23, Tihar Village, New Delhi: 110018.
15 Mathew Kurian, Assistant Accounts Officer,
aged about: 50 years, Son of Late Mr. Mathai Kurian,
Date of initial appointment as LDC: 14.01.1991
Date of promotion/appointment as
Assistant Accounts Officer: 31.03.2006
Posted/working at: Industries Department,
Government of N.C.T. Delhi, Patparganj, New Delhi.
Resident of: C -91/F -1, Yashasvi Apartment, Shalimar Garden
Extension -1, Sahibabad, Uttar Pradesh: 201005.
16 Vivek Kumar, Assistant Accounts Officer,
aged about: 46 years, Son of Late Mr. Sat Pal,
Date of initial appointment as
Statistical Investigator: 17.11.1994,
Date of promotion/appointment as
Assistant Accounts Officer: 28.02.2006,
Posted/working at:
Directorate of Training and Technical Education,
Government of N.C.T. Delhi, ITI, Dwarka, New Delhi.
Resident of: 1431, Type - Il, Gulabi Bagh, Delhi: 110007.
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17 Sanjeev Kumar, Assistant Accounts Officer,
aged about: 42 years, Son of Late Mr. Sat Pal,
Date of initial appointment as LDC: 03.07.1998,
Date of promotion/appointment as
Assistant Accounts Officer: 28.06.2007
Posted/working at: Principal Account Office,
Government of N.C.T. Delhi, New Delhi.
Resident of: P - 60, Pratap Nagar, Delhi; 110007.
18 Pradeep Bhaskar, Assistant Accounts Officer,
aged about: 43 years, Son of Late Mr. Des Raj Bhaskar,
Date of initial appointment as LDC: 18.06.1994
Date of promotion/appointment as
Assistant Accounts Officer: 30.08.2006
Posted/working at: Delhi Prisons, Prison Headquarters,
Government of N.C.T. Delhi,
Lajwanti Garden Chowk, New Delhi.
Resident of: 69A, Navyug Block, Vishnu Garden, New Delhi: 110018.
19 Manoj Kumar, Assistant Accounts Officer,
aged about: 48 years, Son of Late Mr. Ved Prakash,
Date of initial appointment as LDC: 21.07.1993
Date of promotion/appointment as
Assistant Accounts Officer: 28.06.2007
Posted/working at: Public Works Department,
Government of N.C.T. Delhi, DivisionB-231(N),
Lok Nayak Hospital Complex, New Delhi.
Resident of: 72, Subhash Khand, Giri Nagar, Kalkaji,
New Delhi: 110019.
20 Vijay Lakhwani, Assistant Accounts Officer,
aged about: 43 years,
Son of Late Mr. Mahadev Lakhwani,
Date of initial appointment as LDC: 04.07.1994
Date of promotion/appointment as
Assistant Accounts Officer: 08.08.2006
Posted/working at: Delhi Police, Police Headquarters, LP. Estate,
New Delhi.
Resident of: A - 1/115- B, Keshavpuram, Delhi: 110035.
21 S. Venkatesan, Assistant Accounts Officer,
aged about: 50 years, Son of Mr. N. Seshadri,
Date of initial appointment as LDC:16.04.1993
Date of promotion/appointment as
Assistant Accounts Officer: 27.02.2006
Posted/working at: Delhi Police, Police Headquarters,
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LP. Estate, New Delhi.
Resident of: House no.13/474, Sector- 1, DIZ Area,
Gole Market, New Delhi: 110001.
22 Sonia Malhotra, Assistant Accounts Officer,
aged about: 47 years,
Daughter of Late Mr. S.L. Malhotra,
Date of initial appointment as LDC: 11.03.1993
Date of promotion/appointment as
Assistant Accounts Officer: 28.02.2006
Posted/working at: Delhi Fire Service,
Government of N.C.T. Delhi, Connaught Place, New Delhi.
Resident of: 26/395, New Moti Nagar, New Delhi: 110015.
23 Reema Sakhuja, Assistant Accounts Officer,
aged about: 43 years, Wife of Mr. Varish Sakhuja,
Date of initial appointment as LDC: 29.08.1995
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted working at: Society for Self Employment,
Directorate of Training and Technical Education,
Government of N.C.T. Delhi, Jhandewalan Flatted Factory
Complex, New Delhi.
Resident of: Delhi. AG - 50, Shalimar Bagh, Delhi: 110088.
24 Sadhna Sharma, Assistant Accounts Officer,
aged about: 48 years, Wife of Mr. S.K. Sharma,
Date of initial appointment as LDC: 04.06.1992
Date of promotion/appointment as
Assistant Accounts Officer: 01.02.2006
Posted/working at: Development Department,
Government of N.C.T. Delhi, New Delhi.
Resident of: Flat no.1736, Type -I1, Gulabi Bagh, Delhi.
25 Virender Kumar, Assistant Accounts Officer,
aged about: 48 years, Son of Late Mr. Ram Lal Kashyap,
Date of initial appointment as LDC: 18.05.1992,
Date of promotion as UDC: 28.12.2003,
Date of promotion/appointment as
Assistant Accounts Officer: 31.03.2006
Posted/working at: Chacha Nehru Bal Chikitsalaya,
Government of N.C.T. Delhi, Geeta Colony, Delhi.
Resident of: Delhi. 14/468, Vasundhra, Ghaziabad, U.P.
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26 Sanjeev Maini, Assistant Accounts Officer,
aged about: 45 years, Son of Mr. Tilak Raj Maini,
Date of initial appointment as LDC: 19.03.1993
Date of promotion/appointment as
Assistant Accounts Officer: 05.06.2007
Posted/working at: Guru Gobind Singh Government Hospital,
Government of N.C.T. Delhi, Raghubir Nagar, New Delhi.
Resident of: B -28, Sharda Puri, Ramesh Nagar, New Delhi-110015.
27 Sham Sunder, Assistant Accounts Officer,
aged about: 46 years, Son of Mr. Nanak Chand,
Date of initial appointment as LDC: 15.06.1992,
Date of promotion as UDC: 01.05.2004,
Date of promotion/appointment as
Assistant Accounts Officer: 01.06.2007
Posted/working at: Janakpuri Super Specialty Hospital,
Government of N.C.T. Delhi, Janakpuri, New Delhi.
Resident of: 45 - A, Navyug Apartment, F - Block, Vikaspuri, New
Delhi.
28 Pawan Kumar, Assistant Accounts Officer,
aged about: 44 years, Son of Mr. Bhanwar Singh,
Date of initial appointment as LDC: 09.03.1993,
Date of promotion as UDC: 30.05.2006,
Date of promotional/appointment as
Assistant Accounts Officer: 06.06.2007
Posted/working at: Principal Account Office,
Government of N.C.T. Delhi, PAO No.3,
Old Library Building, Najafgarh, New Delhi.
Resident of: RZ-128A, Street no.10, Sagarpur East, N.Delhi
29 Kamal Menghani, Assistant Accounts Officer,
aged about: 46 years, Son of Mr. Bhagwan Menghani,
Date of initial appointment as LDC: 07.07.1992,
Date of promotion/appointment as
Assistant Accounts Officer: 29.06.2007
Posted/working at: Public Works Department,
Government of N.C.T. Delhi, CBMD, M- 422, PTS,
Malviya Nagar, New Delhi: 110017.
Resident of: Delhi. 3057, Sec A Pkt- B &C, Vasant Kunj,
New Delhi 110070.
30 Hemant Kishore, Assistant Accounts Officer,
aged about: 48 years, Son of Late Mr. J.P. Sharma,
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Date of initial appointment as LDC: 22.06.1994
Date of promotion/appointment as
Assistant Accounts Officer: 04.08.2006
Posted/working at: Directorate of Audit,
Government of New Delhi. 4th level, Delhi Secretariat,
I.P. Estate, New Delhi: 110002.
Resident of: C - 19, Sector - 15, NOIDA, District Gautam
Budh Nagar, Uttar Pradesh: 201301.
...Applicants
(By Advocate: Mr. Pardeep Kumar)
Versus
1. Government of N.C.T. Delhi
[through service to be effected upon:
Its Chief Secretary, at: 5th level,
Delhi Secretariat, LP. Estate, New Delhi: 110002.]
2 Finance Department,
[through/service to be effected upon:
Its Principal Secretary, at: Government of NCT Delhi,
4th level, Delhi Secretariat, LP. Estate,
New Delhi: 110002.]
3. Union of India,
[through/service to be effected upon:
Its Director (Expenditure), at: Department of Expenditure,
Ministry of Finance, Government of India,
Room No. 76, North Block, New Delhi: 110001.]
...Respondents
(By Advocates: Mr. Amit Anand and Mr. D.S. Mahendru for
respective respondents)
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Item No. 32- (C-V)
O.A. No. 1345/2016
ORDER (ORAL)
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J) The controversy in the present Original Application is with respect to the applicability of the CCS (Revised Pay) Rules, 2008. The applicants, 30 in number, are working as Assistant Accounts Officers (AAO) with the respondents.
2. The present OA has been filed seeking the following relief(s):-
"a) Quashing and Setting aside of the impugned decision, reply of the respondents as issued vide letter no. F.18/03/2015- AC/DSIV/152 dated 05.01.2016 [Annexure A - 1];
b) Directing Respondents to forthwith issue directions to all of the Departments/Establishments under their control, directing them to fix pay of the Applicants from the date of their respective option, appointment, induction, promotion to the post of 'AAO' in accordance with the fitment table of the upgraded pay scale i.e. 7500 - 12000 under VIth CPC i.e. 7500 x 1.86 = Rs. 13,950/- in Pay Band II i.e. Rs.9300-34800 + Grade Pay of Rs.4800/- with arrears, along with interest @ 9% per annum and cost of this Original Application, recoverable from salaries of officers of the Respondent no.2, for forcing the Applicants into this otherwise avoidable litigation with all consequential reliefs and benefits;
c) Any other or further order or direction to grant complete relief to the applicants."10
Item No. 32- (C-V) O.A. No. 1345/2016
3. At the outset learned counsel for the applicants submits that the issue of pay fixation raised in the OA has been settled during pendency. It is submitted that applicants would be covered under Rule 11 of the CCS (Revised Pay) Rules, 2008. However, their pay has been fixed wrongly as per Rule 7 of the said Rules. He submits that an identical issue has been decided by the Allahabad Bench of this Tribunal in OA No. 293/2011 vide its order dated 09.08.2012. The same was carried up in challenge before the Hon'ble High Court of Allahabad.
4. We have the benefit of the judgment of Hon'ble Allahabad High Court dated 01.12.2022 in Writ Petition No. 13860/2013, wherein Hon'ble Allahabad High Court has held as under:-
"DISCUSSION & FINDING:
17. We have carefully considered the submissions of learned counsels for the parties and perused the records of the writ petitions.
18. It is admitted to the parties, as afore noted; that all the respondents have exercised option under the 1st proviso to Rule 5 of the Rules, 2008 and they were promoted subsequent to 01.01.2006 but before 31.08.2008. It has also been admitted in pleadings as well as before us by the petitioners that Rule 11 of the Rules 2008 shall apply to the case of the respondents. The objection taken by the petitioners while admitting applicability of Rule 11 of Rules 2008, is that "whether an employee to come over to the revised structure from 01.01.2006 or any later date, it is the actual pre-
revised pay drawn by him in the actual pre-revised scale that is to be taken into account for fixation of pay, based on the fitment table appropriate to that pre-revised pays scale, plus the Grade pay as 11 Item No. 32- (C-V) O.A. No. 1345/2016 appropriate to that in revised structure, as provided in Rule 11."
19. Thus, the whole controversy relates to interpretation of Rule 11 of the Rules, 2008, which is reproduced below :-
"11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006.- Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later than the 1st day of January, 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner:-
(i) Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre-revised dearness allowance based on rates applicable as on 1.1.2006.
This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable. Where the Government servant is in receipt of special pay or non- practising allowance, the methodology followed will be as prescribed in Rule 7 (i), (B), (C) or (D) as applicable, except that the basic pay and dearness pay to be taken into account will be the basic pay and dearness pay applicable as on that date but dearness allowance will be calculated as per rates applicable on 1.1.2006."
20. We have also perused Schedule II of Part B of the first schedule appended to the Rules, 2008 and we find that the present and revised pay scale etc. are mentioned, as under :-
Section II Sl Post Present Scale Revised Pay Corresponding Para No. Scale Pay Band No. of Pay Grade the Band Pay Report (1) (2) (3) (4) (5) (6) (7) XX ORGANISED ACCOUNTS CADRES* 1 Section Officer 6500-10500 7500-12000 PB-2 4800 7.56.9 2 Assistant Accounts/ 7450-11500 7500-12000 PB-2 4800 7.56.9 Audit Officer 3 Audit/Accounts 7500-12000 8000-13500 PB-2 5400 7.56.9 Officer 12 Item No. 32- (C-V) O.A. No. 1345/2016 4 Senior Audit/ 8000-13500 8000-13500 PB-3 5400 7.56.9 Accounts Officer *Also applicable to employee of Indian Audit & Accounts Department
21. We find that there is nothing in Rule 11 of the Rules, 2008 which provides for revised pay structure "as defined in Rule 7 of the Rules 2008 to mean actual pre-revised pay drawn by the employee in the actual pre-revised scale, as has been asserted in paragraph no. 9 of the writ petition.
22. Hon'ble Supreme Court considered the circumstances where Rule 7 or Rule 11 would be applicable and held in the case of Raj Kumar Anand (supra), as under :-
"It is apparent from the first proviso to Rule 5 of Rules of 2008, that option was given to the government servant to continue to draw the pay scale until the date on which his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that pay scale.
Second proviso to Rule 5 which is attracted also made it clear that where the government servant has been placed in a higher pay scale between 1.1.2006 and the date of notification of these Rules on account of promotion, upgradation of pay scale etc., the government servant may elect to switch over to the revised pay structure from the date of such promotion, upgradation etc. It is not in dispute that the ACP was granted to the respondent between 01.01.2006 and 29.8.2008 i.e. the date of notification of Rules 2008. It was granted w.e.f. 10.8.2006 vide order dated 25.4.2008. Thus, the benefit of upgraded pay scale was given to the respondent in between the aforesaid dates.
[[ Once he has elected for revised pay scale w.e.f. 10.8.2006, the date on which he was placed in the upgraded pay scale, obviously, Rule 7 cannot be said to be applicable. It is Rule 11 which is applicable.
Rule 7 deals with the fixation of initial pay in the revised pay structure as per the 6th Central Pay Commission. Note 2A to 13 Item No. 32- (C-V) O.A. No. 1345/2016 Rule 7 relied upon by the appellants makes it vivid that where a pay scale has been upgraded on the recommendation of Central Pay Commission as indicated in para B and C of the first Schedule of the Rules of 2008, the fixation has to be made under Rule 7. However, it was not the case of upgradation of the post as a result of the recommendation of the 6th Pay Commission and Schedule of Rules of 2008, but it was under ACP scheme which is a different scheme than the one as provided in the first schedule to the Rules 2008. The respondent has opted for revision of pay scale from the date of upgradation in the ACP scale w.e.f. 10.08.2006. Obviously, his pay has to be fixed under Rule 11 which deals with fixation of the pay in the revised pay scale in case such an option is exercised under the Rules of 2008. The Division Bench of the High Court was absolutely correct in applying Rule 11 as Note 2A of Rule 7 is not applicable in the case. Coming to the decision rendered by this Court in K.V. Rama Raju & Ors. (supra), it does not appear from the facts that it was a case of exercising option from the date of upgradation under ACP that came for consideration before this Court. It is not clear whether it was a case of upgradation as a result of the recommendation of the 6th Pay Commission or independent thereto. In both the cases consequences are different. In the earlier exigency Rule 7 is attracted and in the later one Rule 11 of Rules of 2008 is attracted for fixation of pay. Thus, the decision cannot be an authority on the aforesaid issue which has not been decided. Apart from that, it was not the case of appellants that upgraded pay scale has been brought about by 6 th Pay Commission as per provisions contained in Schedule of the Rules 2008 as provided in Note 2A of Rule 7. Thus, the decision in K.V. Rama Raju & Ors. (supra) is wholly distinguishable and cannot be applied to such cases where upgradation has been made otherwise than as per Schedule to Rules of 2008 framed as per recommendations of 6th Pay Commission and option is exercised in the aforesaid manner.
Resultantly, we have no hesitation to hold that the appeal is bereft of merit. Pay fixation has to be done under Rule 11 and not Rule 7 as discussed. Let pay revision be worked out and arrears, if any, be paid within a period of 3 months from today.14
Item No. 32- (C-V) O.A. No. 1345/2016 The appeals deserve to be dismissed and are hereby dismissed. Parties to bear their own costs."
23. In the aforequoted judgement, the Hon'ble Supreme Court has distinguished its own decision in the case of Union of India and others vs. K.V. Rama Raju and others (supra) and observed that decision in the said case cannot be applied where up-gradation has been made otherwise than as per schedule of the Rules, 2008. Bare reading of Rule 11 of the Rules 2008 itself clearly reveals that Rule 11 shall be attracted where a government servant continues to draw his pay in the existing scale and is brought over to the revised pay scale from the later date his pay from the later date in the revised pay structure shall be fixed in the manner as provided in the Clause (I). By the impugned order, the Tribunal has remitted back the matter to the petitioners herein to consider the claim of the respondents herein regarding fixation of their pay in the revised pay structure from the date of their promotion as SO (A) in the light of the observations made in the body of the order. Thus, we find no infirmity in the impugned order of the Tribunal.
24. For all the reasons afore-stated, we do not find any merit in these writ petitions. Consequently, all the writ petitions fails and are hereby dismissed."
5. In view of the aforesaid as the identical issue has already been decided we find that the present OA is fully covered by the judgment of the Hon'ble Allahabad High Court. We therefore dispose the present OA, with direction to the Respondent nos. 1 & 2, to verify as to whether the present applicants have exercised their option under the 1st proviso to Rule 5 of the CCS (Revised Pay) Rules, 2008.
6. Needless to say if on verification, it is found that option has been exercised by the applicants herein, they shall be governed by 15 Item No. 32- (C-V) O.A. No. 1345/2016 Rule 11 of the CCS (Revised Pay) Rules, 2008, as per directions of the Hon'ble Allahabad High Court and the Allahabad bench of the Tribunal. Necessary orders in this regard shall be passed by the respondents along with all consequential benefits, within a period of 12 weeks, from the date of receipt of a certified copy of this order.
7. The O.A. stands disposed of in the aforesaid terms. No costs (Dr. Anand S. Khati) (Harvinder Kaur Oberoi) Member (A) Member (J) /anjali/