Central Administrative Tribunal - Hyderabad
G Bhanumathi vs Dept Of Posts on 25 February, 2020
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH; HYDERANAD.
O.A.No.921/00591/2018
}.A.No,021/00592/2018
OD ANo,02t/00593/2018
O.A.No.021/00594/2018
O.A.No.02 1100595/2018
O.A.No.021/00596/2018
O.A.No,.021/00597/2018
O.A.No.021/00898/2018
©.A.No,021/00599/2018
OA. No. 02 1/00600/2018
€.A.No.024/00601/2018
0. ANo.021/00602/2018
GANo,021/00603/2018
HYDERABAD, THIS THE a5 DAY OF FEBRUARY, 2020.
Hon'ble Mr.Justice L.Narasimha Reddy, Chairman,
Hon'ble Mr. BV. Sudhakar, Member jAdmn,}
O.ANo 5891/2078
persist gg. AS.Rajan,
2 Byes, ; =O : " F TEER CE
~~ _. Appiioant in O.A,No 5912078.
(By advocate: DrA Raghu Kumar)
Vs
The Union of india, rep by fis Seorstary,
Depariment of Pasts, Chak Bhavan,
Sansad Marg, New Delhi ~ 1.
2. The Senior Deputy Director General,
Fostal Accaunts (Finance),
Dak Bhavan, New Delhi - 770 00%.
3 The General Manager (Finance)
Fostal Accounts Office,
AP Circle, Dak Sadan, Hyderabad ~ 1.
4. The Director of Accounts (Postal),
AP Circle, Dak Sadan, Hyderabad -- 7.
5. Tha Senior Accounts Officer,
Administration |i Section,
Clo. General Manager {Finance},
Postal Accounts Office,
AP Circle, Dak Sadan, Hyderabad ~ 14.
(By advocate: Mrs.K. Rajitha, Sr 0.6.9.0)
Cal BEETS bated
0.A.No.592/2078
G.Pramada Rani, Wio.G Simha Reddy,
Aged about 57 years, Qcc: Senior Accountant, Gr'C
C¥o, General Manager (Finance),
Fastal Accounts Offing, AP Circle,
Dak Sadan, Hyderabad ~ 500001.
Rin. H.No.16-11-310/12/1, Saleem Nagar Colony No.2,
Malakpet, Hyderabad ~ S00036.
Applicant in O.4 No Sos/2078.
iBy advocate: OrA Raghu Kumar)
Vs
4. The Union of India, rep by tis Secretary,
Department of Posts, Dak Bhavan,
Sansad Marg, New Delhi- 7
2. The Senior Denuty Mirecter General,
Postal Accounts (Finance),
Oak Bhavan, New Dethi-- 110 007.
The General Manager {Finance}
Pastal Accaunts Office,
AP Circle, Dak Sadan, Hyderabad ~ 7.
i
4. The Director of Accounts (Postal),
AP Circle, Dak Sadan, Hyderabad ~ 1.
oat
The Senior Accounts Officer,
Administratian Section:
Oo. General Manager (Finance),
Postal Accounts Office,
AP Circle, Dak Sadan, Hyderabad ~ 7.
¢
Respondents.
(By advocate:Mr RV Mallikarjuna Rac)
OANGS9R 2018
& Suneetha Devi, W/o.G. Vilay Kumiar,
Aged about §6 years, Occ: Senior Acoountant, Gr',
Ovo. General Manager (Finance),
Postal Accounts Office, AP Ch role,
Dak Sadan, Hyderabad -- sp0007
Rio. H.No. 10-3-792/2/4, Humayun Nagar,
Hyderabad ~ 500026.
_Appiicant in O.A.No. 583/20) 8.
"
t
:
(By advocate:DrA. Raghu Kumar,
Vs
1, The Union of India, rep by Ns Secretary,
Depariment of Posts, Dak Bhavan,
Sansad Marg, New Dethi ~ 4
Od SHEEN hatch
he
The Senior Deputy Director General,
Postal Accounts (Finance),
Dak Shavan, New Delhi ~ (70 001.
we
The General Manager (Finarias)
posta feces nis Offices,
APS Dak Sadan, Hyderabad ~ 1.
A. The Directar of Accounts (Postal,
AP Circie, Dak Sedan, Hyderabad m4,
CS
The Senior Ancaurts OMcer,
Administration ff Section,
Qis. General Manager (Finance),
Postal Accounts Office,
AP Circle, Dak Sadan, Hyderabad ~ 7.
(By advocate: Mrs.B Gayatri Yarma}
O.ANa S94/2078
CG Bhanumathi, Ww/o.G.Sund Ruma
Ags cd about 56 years, Ooo: Seni 'or Accountant, Grieg
Ola, General Manager ( (Finances),
Postal Accounts Office, AP Circle
Dak Sadar, Hyderab ad ~ 800001.
Rio.Flat No. S62, Rishiiha Square,
Neredrmet Cr ross Road, Sainikouws,
Secunderabad ~ 500054.
_aonticant i O.A No AS42018.
(By advocate(Dr A Raghu Kumar)
4, The Union of india, rep by ifs Secretary,
Department of Fosis, Dak Bhavan.
Sansad Mara, New Daihi -
2. ohe Senior Deputy Director General,
astal Accounts (Finance),
Nak Shavan, New Delhi 170 001.
3. The General Manager (Finance)
Postal Aocounts Office,
AP Circle, Dak Sadan, Hyder abad ~ 7.
4. he DF rector of Accounts (Pasial),
AP Circle, Dak Sadan, Hyderabad AH,
5. The Senior Accounts OF icer,
Adrninisiration 1 Section,
io, General Manager (Finance)
Postal Accounts Of ice,
AP Circle, Dak Sadan, Hyderabad ~ 4,
iBy advocate: Mr A Surender Reddy}
SRLS batok
O.A.No.S98/2078
S. Bhavani, Wio.C. V Narasinham,
Aged about 58 years, Qee. Senior Accountant
Ovo. General Manager (FI nance),
Postal Accounts Office, AP Circie,
Dak Sadan, Hyderabad ~ 500001.
Pio H No. 12-2-827 OIA, Unit
Kanthi Nagar Colonhy, Mehdipatnam,
Hyderabad -- 500028,
. A&opticant in O.8 No Bob 2018
(By advacate Dr A Raghu Kumar)
Vis
4. The Union of india, rep by its S ecrefary,
Department of Posis, Dak 5 raven.
Sansad Marg, New Delhi --
che Senior Deputy Director General,
Postal Accounts (Finanoe),
Dak Bhavan, New Oelhi-~ 170 007.
Md
3. 'The General Manager (Finance)
Postal Accounts Office,
AP Circle, Dak Sadan, Hyderabad - 4
&. The Director of Accounts (Postal),
AP Circle, Dak Sadan, Hye derabad ~ 7.
on
The Senior Accounts Offer,
Ariministration ff Section,
Ofo. General Manager (Finance),
Postal Aonaurits Office
AP Circle, Dak Sadan "Hyde erabad ~ 7.
"4,
pondenis.
¢
b
Ff
(By advocate MnP. Krishna}
O.A.No.586/2018
R Shyamala, \Wo.B.Prasada Rac,
Aged about 55 years, Oce: Senior Accountant, Gr'
O¥o, General Manager (Finance),
Pastal Accounts Cifies, AP Circle,
Dak Sadan, Hyd erabad ~ "500004
mica Flat No.205, Sal Parimala Pride,
New Naflakunta, Hyderabad .
Applicant in O A No SOavZ078.
er
(By advocate: Dr.A. Raghu Kumar)
Vs
hin
C4 SOLIS bartels
1. The Union of India, rep by fw Secretary
Department of Posts, Dak Bhavan,
oY
Sangad Marg, New Delhi 4.
Z. The Senior Deputy Director General,
Pasta! Aeoou. iFingy noe),
Dak Bhavan, New Dally 770 007,
3. The General Manager (Finance)
Postal Accounts ¢ Of 1S,
AP Cucie, Gak Sadan, Hyderabad ~ 4
4. The Chrector of Accounts (Postal),
AF Circle, Dak Sadan, Hyderabad -- 7.
5. The Senior Accaunts Officer,
Admin istration H Section,
Gio. General Manager (Finance),
Postal Accounts Office,
AP Circle, Oak Sadan, Hyderabad ~ 1.
'By advecate:Mrs.L.Pranatht Reddy)
~OANo.S8T/2018
TS Padmaia Wio. 7 S.V Subramanian,
Agad a about 58 years, ee Agsistant Accounts Officer, (ONg} Gr,
Ofe, General Manager (Finance),
Rat
Postal Accounts { Office, AP Circts,
Dak Sadan, Hyderabad ~ 800007.
Sia Flat No S02, Galder v hrashald Residency,
Road No.gB, Laxminagar Colony, Kothapet.
Hyderabad ~ 800035.
Applicant in O.A No. Se v/20 18.
(By advocate: Or. A.Raght 3 Kumar
Vs
The Union of India, rep by its Secrelary,
Depariment of Posts, Dak Bhavan,
Sansacd Marg, New Baihi~ 4.
work,
The Senior Deputy Director Genera
Postal Accounts (Finance),
Dak Bhavan. New Gelhi~ 170001.
ah The Genes ral f Manager (Finance)
Postal Accounts Otfice,
AP Circle. Dak Sadan, Hyderabas - 7.
8. The Diractar of Accounts (Postal),
fecace:
AP Circle, Dak Sadan, Hyderabsd ~ 1.
TP
"yr
§. Fhe Senior Accounts OFF
Administration 1 Section,
iNo. General Manager (Fi
Pasta] Accauis OF me
AP Circle, Dak Sadan,
| Respondents
(By advocate: Mr.K Venkateswarly)
O.ANo. S9si20ig
OD Yamini Rao, Wio.D Venkateswara Rao,
Aged about 53 years, _ Ose: Assistant Accaunis Offver (C¥ig) Grit',
Ofo. General Mar aager { Finance),
Pastal Accounts Offic ICB, AP Cucie,
Dak Sadan, Hyderabad ~ 500001.
Rig. Fiat No, 404, SRY 165 & 166,
Deeks shitha Rasidency, S SR Nagar,
Hyderabad ~ 800038.
Applicant in GA No S88/20T8
iBy advocate: Ora. Raghu Kumar)
1. The Union of India, rap by ifs Secretary,
Denartment of Pasis, Dak Bhavan.
Sarisad Marg, New Delhi - 1.
2. The Senior Deputy Director General,
Postal Accounts (Finance),
Dak Bhavan, New Dethi- 170 001
8. The General Manager (Finance)
Postal Accounts OF ice,
AP Circle, Dak Sadan, Hyderabad ~ 7.
. The Director of Accounts (Pastal),
AP Circle, Dak Sadan, Hyder abad 4.
ey Tre Senior Acopunis Officer,
Admiristration f Section,
Ofo. General Manager (Finance),
Pastal Accounts Office.
AP Circle, Dak Sedan, Hyderabad ~ 4
Resparcisnts.
(By advocate: Mr.M. Venkata Swamy)
C.A.No 5399/2018
% Rar Mohan Ran, So late S Venugapal Rac,
Aged about 56 years, Qcc: Assistant Accounts Officer (Offa) Gri'.
Ofo. General Manager (Finance),
Postal Accounts Crt Oe, "APC Circle,
Oak Sadan, Hyderabad ~ 50000%.
Rio. M Ne. Ta-10-27/93, Municipal Colony, Maiskpet,
Hyderabad ~ S0Q036.
x
.. ApMicant in OA No. Sgo/2078,
y advocate: Dr A.Raghy Surnan
G
YS
1, The Union of india, fap by its Secretary.
Department of Posts, Dak Bhavan,
Sansad Marg, New Delhi ~ 1.
The Senior Deputy Director General,
Postal Acoourts fF] NSres
Oak Bhavan, New Dethi -- V40 HOt.
Ba
3. The General Manager (Finance)
Postal Accounts Office,
AP Cirle, Dak Sadan, Hyderabad - 4,
&. The Director of Accounts (Postal).
AP Cirle, Dak Sadan, Hyderabad - 7.
§. The Seis or Accounts Officer,
Administration ff Sector,
Co. General Manager (Finance),
Fostal Accounts CHE oe,
AP Cirde, Dak Sadan, Hyde erabad - 7.
Ke ss
Soa
Respondents.
(By advocaie: Mr A Nageswara Rao}
G.A.No SOUReT$
S Meera, Wio S Swamynathan,
Aged ahout 58 years, Oca: Senior Acnountant Gr'c',
Na, Genera! anager (Finance),
Postal Accounts Office, AP Circ tes,
Dak Sara gine gd ~ 5000 &4.
Rio. No. . £3772, Basie SVS Plaza Aparinenis,
Lax minarasimha Swamy Temple Lane.
my
SZ
%
aitanyapurl, Hyderabad - BOOS,
Applicant in O.A.No. 5600/2
?
(By advocate: Dr A. Raghu Kumar)
?
V8
at india, rep by iis Seoretary,
iof Posts, Dak Bhavan.
a, New Oalhi od,
2. The Senior Deputy Director General,
Rastal Aecounts (Finance),
Dak Bhavan, New Delhi- 170 004
Postal Apeourt N
AP Circle, Bak S dat, Hy derabad -
4. The Director af Accounts (Postal),
AP Circle, Dak Sadan, Hyderabad ~ f.
i
O18.
egy:
Ventsnrer enter
aay
8. The Senior Acouurts Officer,
Administration | Section,
Ofo, General in nage {F] jNaNce),
Pastal Accounts (Nfios,
AP Cirle Dak § Sadan, Hyderabad - 7
Respondents.
iBy advocate MrD Radha Krishna}
O.8.No.6oteo1g
AA Tirumala Devi, Dia A Sastry
Aged about Sf years, Oce: Sena 'Account ant from',
Oo. General Manager {} Sinance ,.
Postal Accounts Office, AP Circle,
Oak Sadan, Hyderabad ~ 500007.
Rio HNo.2-2-64 7/7 FAGIS, SBI Colony
Bagn Amberpet, Hyderabad -- S000 43,
: Apphoantin OA No BOVeoTs,
(By advocate Dr A.Raghu Kumar
Vis
werd
The Union of india, rap by fs 8 ecrelary,
Departmant of es. Dak Bhava
Sansad Marg, New Delhi - 4.
Z. The Senior Deputy Director General,
Pasial Accounts (Finance),
tak Bhavan, New Gelhi- 170 004.
The General Manager (Finance)
Postal Accounis Office,
AF Circle, Dak Sadan, Hyderabad ~ 1.
a
4, The Eirector of Ancounts (Postal),
AP Circle, Dak Sadan, Hyderabad -- 1.
§. The Senior Accounts Officer,
Adnuristration fi Saction,
Cvo. General Manager (Finance),
Postal Accowts Office,
AP Oircie, Dak Sarian, Hyderabad -- 4
(Sy advocate: Mr M. Mohan Rao}
O.A.No.802/2018
© Pattabhirarna Murthy, P.S.Rarna Raa.
Aged about 56 years, Ove: Senior Accountant GroC".
Sfo. General Manager (Finance),
Postal Accounts Office, AP Circle,
Dak Sadan, Hyderabad ~ S0000%.
Rio. Flat No. S05, Vietha Paradise,
Chaltanyapuri, Hyderabad ~ SG00a0.
(By advocate Dr A Raghu Kur
we
Ifa
Vs
The Union of india, rep by Ns Secrefary,
Nepariment of Posts, Dak Bhavan,
4,
Sansad Marg, New Delhi ~
bo)
owreke
NO
The Senior Deputy Lirectar General,
Postal Accounts (Finance),
Dak Shavarn, New Deihi~ 116 OOF,
Cat
5B
3
a.
&
mee
The General Manager (Finance;
Pastal Accounts OMice,
AP Circle, Dak Sadan, Hyderabad --
ek
4. The Director of Accounts { Pistal),
AE Crels, Dak Sadan, Hye ferabad --
woh
5. The Seniar Accaunts OFicer,
Asministration 1] Section,
Ove. General Manager (Finance),
Postal Accounts Office,
AP Circle, Dak Sacian, Hyderabad - 4
¥ aN . ;
a Sh Respondens
& ; cyppaperton Mare De aba byey PPoweedy
2] iBy acivonate: Mra.) Shobha Ranh
é
OA. No BOs 2018
¥ Usha Rar, Wa UR. Gopinath,
aged § about 54 years, Occ: Saniar Accouman Gree',
Oe. eneral Manager (Finance),
asial 4] Aceourts Office, AP Circle,
es Sadan, Hyderabad ~ §OO00
Rio HNo. 1-2-2648 1/2, Sri Vaighnavi Nagar Golory,
Mohan Nagar, Rothapet,
Hyderabad ~ 500035
_Agplicant in O.ANo 802048,
(By advocate: Or A. Raghu Kum rar}
1. The Union of india, ren by rs Secrefary,
Department of Pasts,
Sarsad Marg, New Os
2 The Senior Deputy Director General,
Postal Accounts (Finance),
Dak Bhavan, New Delhi ~ 170 007.
3. The Gener Manager tr Wares}
RUS |
role, Dak Sa dan , Hyderabad - 7.
4. The Cirector of Accourts (Po Se ;
AP Circie, Dak Sadan, Hyder ad--~ 4.
Gg
ponte ds
Bee
"na
aa
Mineeeenet?
G84 SHRTS Rated
&. The Senior Accounts Offtoer,
Administration 1 Seohon,
Ovo. General Manager (Finance),
Postal Accounts O}fies,
AP Circle, Gak Sadan, Hyderabad ~
iBy advocate:Mrs. Megha Rani Agarwal
u g :
ORAL (COMMON) ORDER
PER HON'BLE Mr JUSTICE L.NARASIMHA REDDY, CHAIRMAN Since the issue involved in the hatch af OAs is similar, they are disposed of with cammion order.
2. This hatch of OAs arises as a sequel to certain orders passed by vatious Sanches of this Tribunal including the ons, in QA 2124 af gold dated OLO2.2003 by the Principal Bench. The issue pertains fo stepping up of the pay of the seniors
3. it is nat uncommon that whenever ft is found in the Department that a junior is drawing higher pay than the senior, stegs are taken for upg radation of pay of the senior and put him on par with the junior. There are, however, certaln exceptions such as, where drawing of the higher pay by a junior is on account of the reasons personal to Aim. cor example, if there exists a provision of granting of increment on acquiring higher qualification and junior gets higher pay, senior cannot have any fight to seek stepping up, without obtaining such a qualification. Another example fs where a junior under-goes family planning operation and there exists an incentive for such @ step.
Senior cannot claim parity with his funior.
yes oes, ete og. Government of India introduced a scheme of Assured Career Progression (ACP}, through O.M. date ed O9.08.1999. i provided far upgradation of the pay scale of an employes to that of the next higher post, in case he did nat earn promotian for a perlod of 12 years even while being eligible. Similar facility extended for the next apell of 12 years. This extension of benefit is on the employee being found otherwise fit for promotion te the next higher post, and not automatic.
5. ACP scheme was replaced by MACP through OM cated echeme fram the ACP is ise 13.05.2009. The distinguishing features of thi that, the periodicity is 10, 20 and 38 years, instead of 12 and 24 years, and the nature of the benefit is in the form of next higher stage of pay and aot the pay scale of the next higher past, under the case of ACP. Here again, extension of the benefit is an being found ft, by the Screen ing carmmiitee &. in both the schemes, clauses are incorporated to the effect that the resultant benefit is personal to the cancerned employees and ff shail not be a ground for stepping up of pay of a senior, OAs were fled befare various Benches of the Tribunal claiming the benefit of stepping ap of pay by seniors, an the ground that their juniors started drawing higher pay on being extended the benefit of ACP or MACP. it fs relevant fo mention here that the concerned clauses In the schemes were not put ta challenge. Though, in OA 2ie4 of 2011, clause & was put to challenge, no adjudication in that behalf wes undertaken. The relief was granted on the basis of the arder passed by Chandigarh Rench of the Tribunal in OA-256-JK-2009 {Ashok Kumar Vs. UO! & Ors.J and other similar orders
7. Applicants are employees of Postal Department. They foo were axtended the benefit of pay dHference on par with their juniors who x th 4 started drawing the higher gay on being extended the benefit of ACPBYMACP, Through Rts order dated 04.03.2044, the department extended that benefit. Nowever, at a later stage, proceedings were irdtiated to stap such uperadation and ordered for recovery af excess pal an that account. In this batch of OAs, the impugned order cated G8.06.2018 is challenged. They relied on the order passed by the Srincipal Bench of this Tribunal in GA 2224 of 2011 and the judgment of Hon'ble Delhi High Court in Writ Petition Ne. #421 of 2013, which was dismissed on 27.1..2013. {tis also brought to our notice that LP {C) No.4952 of 2014 was dismissed by Hon'ble Supreme Court vide order dated 26.03.2014. Applicants contend that ance their pay was upgraded on par with that of the juniors, an the basis of the judgment rendered by the Tribunal, as confirmed by Hon'INe High Court of Delhi ard Hon'ble Supreme Court, there is absolutely no basis for the respondents to order recovery of the amount paid.
x. On behalf of the rescondents, a detailed counter affidavit was fled. it is stated that the ACP and the MACP schemes clearly prohibit stepping up of pay of seniors, in case thelr juniors started drawing higher pay, as a result of extension of the benefit of ACP and MACP and none of the precedents, relied upon by the applicants on the relevant clauses, were setaside. Respondents further contend benefit under the ACP or MACP is extended only on an employee being found fit te be pramoted by the Screening Carmmittee, and automatic stepping up of pay of a senior wauld render the selection process redundant.
S. We heard Dr. A.Raghu Kumar, learned counsel for the applicants in the batch of GAs, Mrs. K.Ralitha, learned Senior Standing counsel for Central Government and the learned standing counsel appearing on behalf of the respondents in the respective Original Applications.
Na ia 40, Present OAs, in fact, pose a bit challenge tf that several Benches of this Tribunal have directs of seniors, in case thelr funiors started drawing the higher pay or being y granted the benefit of career progression. in certa 'iri cases, the arcers were also upheld by Hon'ble High Court : and SLPs were dismissed by Hon'ble Supreme Court. Therefore, the comequemial course would be to fal in ne with the decisions. At the same time, # some thing extraordinary is noticed, Tribunal cannot avaid its respons BHiby.
44. it has already been mentioned that though the normal rule is, fo ensure that serdors must not draw the pay lass than what Ris junio draws. There are none exception to if, Wa discrepancy occurs without intervention of any specific events covered by any scheme, stepping up of pay of a senior is almos ta matter of course. However, Fa junior happen to draw higher pay or account of the reasons which are personal and specific to him, le svefling process would be to extend the henetit to a senior, which virtually renders the schemes oF PCENTES redundant. Coming to the exact issue involv red in the batch of cases, it ig not In dispute that discrepancy arase of account of extension of the benefit of career progression, be ft under ACP Scheme or MACP Srheme. in bath the O.Ms, specific clauses are incorpe vated while dealing with the issue, pertaining to 5 tepping up of the pay. Clause of ACP Scheme and clause 10. cf MAUTP Scherme read as under:
Clause & of ACP Scheme:
"The financial upgracat on under the ACP Scheme shall be purely personal to th e employes and shell have no relevance to his senior ity position, As such, there shall he no additional financiel upgradation for the serdar employes on the ground that the junior employee in the grade has got higher pay seals under the ACP Scheme. e pee.
Lad ck (28 SNPS aren Slause 10 of MACE Scherne:
"No stepping up of pay in the pay band or grade gay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme"
13. Yhere fs a clear prohibition of stepping up of pay of seniors. in case, the juniors get higher pay on being granted the benefit of ACP Scheme or MACP Scheme, it would not be s ground for stepping of pay ofa senior. Things would have bean different altogether as, in none of the Original Applications referred to above, the clauses were challenged. However, in OA 2124 of 2011, clause $ of the ACP Scheme was challenged. However, the Bench did not pranounce any thing upon that relief, but the relief granted only on the basis of the observations meade by Chandigarh Sench in Ashok Kumar's case
13. in the judgment of the Chandigarh Bench of the Tribunal in fdaswant Kaur and Ors. Vs. UO! ond athers, in OA/G0/SS6/ 2017, we found that the relief was granted even while acknowledging the prohibition contained in the clauses referred to above, but solely on the ground of equity. The relevant paragraph 22 of the order in m4 /60/S86/2017 reads as under:
"13. The basic question before this Tribunal is whether operation of the ACP/MACP Scherne simultaneously with the merger of the cadres may he allowed to deny the applicants their orima-facie antitiement of equal pay to their juniors. In this contest, we observe that both the ACP and MACE Schemes have clear provisions for the Tinancta upgradation fo be purely personal fo the employees with no relevance to their serifority position, Alsa they both provide that there shail rere oh SOHES Bake?
he no financial uperadation for the semor amployees on the sround "that the funbor employee in the grade is getting higher pay s scale < under the ACP/MACP Scheme. {ts also true t that ° the Career Pro 96) ragsian Schemes have been in neration since 1999 8 ali the Uniar Government offices across the country. Any alteration in this Schame at this paint of time may lead to same administrative difficulties. However, an this account alone, the senior employees cannot be denied their right to draw pay at least eque al to their jumiors pare y when both of them are equally qualified and having same ie a of ar we responsiht _ iy. This ancmalaus situation has bec cause of provisions of the ACP arm MACE scheme disallowing removal of anomaly in such cases. However, these provisions In the ACP and MACP clearly conflict with the pri incioles of equity. There ig sa reason why senior & employ s should not get their pay at least equal to their juniors unless there are clear cut distinguls AINE circumstances like passing of exam! inatian by ine juniors etc. No suc h distinguishing circumstances are existing in the present case."
y 4g. When this was cited before us yesterday, im OA/21/S54/2074, we took the view that whenever a particular field is occupied by a legislation or pravision of law, any relief contrary ta such provision of faw, would be an instance 0 of sub silentio and unless such a prov Asian 1S set aside or held to be uncons stitutional or legal, granting of relief does sot accord with law. We have also observed that equity has no place in the service Jurisprucence e, particularly when the field is covered by a provision of law.
1S, Even otherwise, The issue can he tested from another angie. Whether it ig under the ACF Sehame or MACP Scheme, extension of the benefit, is a substitute for promotion, which the amployes did not get e) ther far want of vacancies or absent e of promotional avenues. It is not in doubt that upgradatian ui oder the ACP or MACP scheme, 15 on pena 27 x oes ai % fp x oN e vm, Hgts 4 ae emmgeere ott being found eligible by a screening committes and net automatic.
Take for instance, a casein which, @ senior as well as a junior were considered for conferring the benefit of A MACP and the senior was found not FR, on account of his nat up to the mark, in ACRs. Whereas the junior was found fit. Naturally, the former is denied the benefit of ACP/MACP and the letter is conferred the same. Theat in turn, would result in the juniors drawing higher pay than his senior, who was found unfit. i the gay of the senior is ta be stepped up any on the ground that his junior is drawing higher pay, the very scheme becames redundant and the selection process becomes a futile exercise, This can never be the objective underlining In the scheme of whatever description. There can be range of other situations, that snable the juniors to draw higher pay. ff a senior, despite coming ina gosition to get such a benefit was not able to de sa an account of his lass meritorious performance, or unsatisfactory ACRs or fis facing disciplinary or criminal proceedings, the upgradation of the pay of 2 junior should not be turn out te be a wind fail for him, to over come alt
18. A perusal of the order In QA 2124/2014 itself discloses that the view taken by the Genches was ignored on the gro sund that there is jack ef consptency. Though if is some what delicate issue for us tea undertake examination in detail, we are of the view that it becorres necessary, so thet the settled principles of law are mot violated. We de not find fault with the imougned arder to the extent that H has withdrawn the benefit of stepping up of pay fo the applicants.
of the +a However, we set asick e the order, insofar as 8 directed recovery arnount already paid to the applicants on that account. The reason & that, applicants did not resort to an act of fraud or misrepresentation in getting the benefit. it is also brought to ur notice that the entire issue is under consideration by the Department of Personnel and 16 Ny.
Lots % & s N coal & 3 3 Poa iS 3 = a t, eo PE pears are Fe Re H ~ nat ~ ta later point of time, any diferent legal megiime com Hcants, but alsa other similarly Training and fa inte play, will sat only gaverns the applicant situated emp ioyees.
partly allaw the OAs upholding the impugnes
17. We, therefore, order dated O8.06. 2018 to the extant fh hes w ithdrawn the :
h thelr juniors, but set asi eants ta be an par pay af the agp ecovery. We alsc existence covering the ifr ra fap ame in so far it directed r future, any mew provision of Jaw } carne field, applicants shall be governed by the same.
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