Delhi High Court
R.S.Sengor & Ors. vs Union Of India & Ors. on 4 April, 2011
Author: Pradeep Nandrajog
Bench: Pradeep Nandrajog, Suresh Kait
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: April 04, 2011
+ W.P.(C) 3420/2010
R.S.SENGOR & ORS. ..... Petitioners
Through: Mr.E.J.Varghese, Advocate
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Anjum Javed, Advocate with
Mr.Nirbhay Sharma, Advocate and
Mr.Ravinder Kumar (Accounts
Officer) CISF for R-1 to R-4
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers may be allowed
to see the judgment?
2. To be referred to Reporter or not?
3. Whether the judgment should be reported in the Digest?
PRADEEP NANDRAJOG, J.
1. Prior to the implementation of the Pay-Bands recommended by the 6th Central Pay Commission, Inspectors in CISF were placed in the Pay-Scale `6,500-200-10,500/- till 31.5.2005 which was upgraded to `7,450-225-11,500/- with effect from 1.1.2006 and with the promulgation of the new Pay-Scales after 6th Central Pay Commission gave a report, Inspectors were placed in the Pay Band II i.e. `9,300-34,800/- + Grade Pay of `4,600/-. It is apparent that the erstwhile concept of pay scale stands replaced by the concept of Pay Band.
W.P.(C) No.3420/2010 Page 1 of 52. The earlier Assured Career Progression Scheme which was in force till 31.8.2008 envisaged two financial upgradations as per DOPT OM dated 9.8.1999; the first upgradation after completing 12 years' service and the second after completion of 24 years' service.
3. Relevant would it be to note that under the Assured Career Progression Scheme the financial upgradation was by way of fixation of the pay prescribed for the promotional post in the hierarchy.
4. With the implementation of the Pay Bands after the 6th Central Pay Commission made recommendations, various erstwhile pay scales were merged in a common Pay Band and a higher grade pay was given to the posts with onerous and higher responsibilities. The Assured Career Progression Scheme was replaced by the Modified Assured Career Progression Scheme (MACPS) as per DOPT OM dated 19.5.2009 which envisaged 3 financial upgradations, the first after 10 years of service, the second after 20 years of service and the third after 30 years of service.
5. Para 2, 8 and 8.1 of the Modified Assured Career Progression Scheme (MACPS) are relevant and they are noted as under:-
"2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next W.P.(C) No.3420/2010 Page 2 of 5 promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.
8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.
8.1 Consequent upon the implementation of Sixth CPC's recommendations, grade pay of `5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of `5,400/- in PB-2 and `5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme."
6. Annexure I to the DOPT OM dated 19.5.2009, vide illustration 4 clarifies as under:-
"In case a Govt. servant joins as a direct recruits in the Grade Pay of `1,900/- in Pay Band-I `5,200- 20,200/- and he gets no promotion till completion of 10 years of service, he will be granted financial upgradtaion under MACP scheme in the next higher Grade Pay of `2,000/- and his pay will be fixed by granting him one increment + difference of grade pay (i.e. `100/-). After availing financial upgradation under MACP scheme, if the Govt. servant gets his regular promotion in the hierarchy of his cadre, which is to the Grade of `2,400/-, on regular promotion, he will only be granted the difference of Grade Pay of between `2,000/- and `2,400/-. No additional increment will be granted at this stage."
7. Noting the relevant facts Inspectors in the Pay Band 2 `9,300-34,800/- get a Grade Pay of `4,600/- have been granted under the MACPS the first financial upgradation by retaining the Pay Band but giving the Grade Pay `4,800/-. Their grievance as raised in the writ petition is that they are W.P.(C) No.3420/2010 Page 3 of 5 entitled to the Grade Pay `5,400/- and to highlight the basis of their claim it is to be noted that the next hierarchical post i.e. that of Asst. Commandant is in Pay Band `15,600-39,100/- with Grade Pay `5,400/-. It be clarified that they do not claim a right to be placed in the Pay Band `15,600-39,100/- but claim benefit of the Grade Pay of the said Pay Band and it is apparent that the basis of the claim is paragraph 2 of the MACPS which states that the Scheme envisages placement in the immediate next higher Grade Pay hierarchy.
8. It be noted that the erstwhile pay scales S-9 to S-15 which ranged between `4,500-7,000/- to `7,500-12,000/- have all been placed in Pay Band 2 i.e. `9,300-34,800/- with Grade Pays `4,200, `4,600 and `4,800/-.
9. Thus, the respondents state that they have correctly granted MACPS benefit by upgrading the Grade Pay of Inspectors from `4,600/- to `4,800/-.
10. The question would be whether the hierarchy contemplated by the MACPS is in the immediately next higher Grade Pay or is it the Grade Pay of the next above Pay Band.
11. Whatever may be the dispute which may be raised with reference to the language of paragraph 2 of the MACPS the illustration as per para 4 of Annexure I to the OM, contents whereof have been extracted hereinabove, make it clear that it is the next higher Grade Pay which has to be given and not the Grade Pay in the next hierarchical post and thus we agree with the respondents that Inspectors have to be given the Grade Pay after 10 years in sum of `4,800/- and not `5,400/- which is the Grade Pay of the next Pay Band and relatable to the next hierarchical post. To put it pithily, the MACPS Scheme W.P.(C) No.3420/2010 Page 4 of 5 requires the hierarchy of the Grade Pays to be adhered to and not the Grade Pay in the hierarchy of posts.
12. The writ petition is dismissed.
13. No costs.
(PRADEEP NANDRAJOG) JUDGE (SURESH KAIT) JUDGE APRIL 04, 2011 mm W.P.(C) No.3420/2010 Page 5 of 5