Central Administrative Tribunal - Kolkata
Subrata Kumar Roy vs M/O Defence on 1 October, 2021
om aN
Contra
'
SY
. . - 1g pe _
1 --_ 0,a. 350.00056.2013 [ ough Ey '
. s were % ae # % : :
CENTRAL ADMINISTRATIVE TRIBUNAL wre |
KOLKATA BENCH, KOLKATA
No. 0.A. 350/00056/2013 Date of order: { \o- oy
M.A. 350/00377/2014
Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. Nandita Chatterjee, Administrative Member
1. Subrata Kumar Roy,
S/O Late Surya Kanta Roy,
Aged 53 years, ;
Working in the Post of Master Craftsman,
T. No: 95/ Permanent No. 001984,
Section: Gun 'C', Gun & Shell Factory,
Cossipore, Kolkata,
W.B. R/O 403/43, Bharat Housing, |
Post: Shyam Nagar,
Dist. North 24 Parganas,
W.B. Pin :- 743127.
. Samiran Datta,
$/O Late Suresh Ch. Datta,
Aged 54 years,
Working in the Post of Master Craftsman,
T. No: 263/ Permanent No. 5024,
Section: Gun- 'B' Gun & Shell Factory,
Cossipore, Kolkata,
R/O Kamalgarhi, Ichapore,
Post: Nawabgang,
Dist:- North 24 Parganas,
W.B. Pin:- 743144.
. Nirmal Kumar Das,
S/O Late Narendra Nath Das,
Aged 50 years,
Working in the Post of Master Craftsman,
T. No: 255/ Perm. No:- 5018,
Section: Gun- 'B' Gun & Shell Fy. Cossipore,
Kolkata,
R/O Nutanpara, Ichapore,
Post: Nawabganj,
Dist. North 24 Parganas,
W.B. Pin :- 743144.
. Pradip Kumar Goswami,
S/O Late Nani Gopal Goswami,
Aged 52 years,
Working in the post of Master Craftsman,
T. No: 94/ Permanent No. 5738,
let
--
2 o.a. 350.00056.2013
Section: Gun- 'E', Gun & Shell Factory,
Cossipore, Kolkata,
W.B. R/O 8, N.C. Chatterjee Street,
Kolkata, W.B.,
Pin:- 700057.
. Shyama Prasad Pan,
S/O Late Naba Kumar Pan,
Aged 52 years,
Working in the Post of Master Craftsman,
'T. No: 37/ Perm. No. 1954,
Section: Gun- 'C' Gun & Shell Factory,
Cossipore, Kolkata, ©
R/O :- Puilaya,
Post: Unsani,
Dist:- Howrah,
Pin:- 711302.
. Prashanta Kumar Kar,
S/O Late Santosh Kumar Kar,
Aged 53 years,
Working in the Post of Master Craftsman,
T. No: 279/ Per. No: 05031,
Section: Gun- 'B', Gun & Shell Factory
Cossipore,
Kolkata,
R/O:- 129, Jatindas Road,
Majherpara, Ichapore,
Post: Nawabgang,
Dist:- North 24 Parganas,
W.B. Pin:- 743144.
. Nani Bhushan Gayen,
S/O Late Paran Krishna Gayen, --
Aged 56 years,
Working in the post of Master Craftsman,
T. No: 43/ Per. No: 06047,
Section- Tool Room, Gun & Shell Factory,
Cossipore, Kolkata,
W.B. R/O 263, Adarshapally,
Post: Shyamnagar,
Dist:- North 24 Parganas,
W.B. Pin:- 743127.
. Surajit Sen,
S/O Late S.N. Sen,
Aged 54 yrs,
Previously working as Master Craftsman,
Ex. Ticket No: 95, Ex. Permanent No. 05376,
Section: Gun 'D', now appointed as Charge-
man
inte
3 0.a. 350.00056.2013
(Technical) Permanent No: 825467, Section:
Fuze,
Gun & Shell Factory,
R/O 11/B, Mohan Bagan Lane, Shyambazar,
Kolkata - 700004.
. Harendra Nath Porua,
S/O Late Radha Nath Porua,
Aged 54 years,
Previously Working as Master Craftsman,
bearing Ex. Ticket No: 187,
Ex. Permanent No. 0791,
now appointed as Charge-man (Technical),
Permanent No. 825466, Section: Gun- D,
in Gun & Shell Factory, Cossipore, Kolkata,
R/O- South Duillya,
Post: Duillya, Andul,
District: Howrah,
Pin : 711 302.
Tapas Mohan Goswami, .
S/O Late Kanti Mohan Goswami,
Age- 54 yrs,
Working in the post of Master Craftsman,
T. No:- 80, Sec:- Gun- E, Per. No:- 5723,
Gun & Shell Factory, Cossipore,
R/O- 31, Rashkkola Para Road,
PO:- Khardah,
Dist. 24 Parganas (North),
W.B, Pin: 700117.
seaeee Applicants.
-Versus-
. Union of India,
Through the Secretary,
Government of India,
Ministry of Defence,
Department of Defence Production,
South Block,
New Delhi,
Pin :- 110001.
. The Chairman,
Ordnance Factory Board,
Ministry of Defence,
Govt. of India,
10/A, Shaheed Khudiram Bose Road,
Kolkata,
_--
' ' 4 0.a. 350.00056.2013
Pin: - 700001.
3. The General Manager,
Gun & Shell Factory,
Cossipore,
Kolkata --- 700002..
4, The Principal Controller (FYS)
Office of The
Principal Controller of Accounts (Factories),
10/A, Shaheed Khudiram Bose Road,
Kolkata -- 700001.
betaee Respondents.
For the Applicants : Mr. S.K. De, Counsel
For the Respondents : Mr. B.P. Manna, Counsel
ORDER
Per Dr. Nandita Chatterjee, Administrative Member:
Being aggrieved with non-grant of the financial upgradation of 3r¢ MACP, the applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"(1)(a) The Hon'ble Tribunal be kind to direct the respondent No. 3 & 4, to allow the benefit 3% MACP in next higher grade pay of Rs. 4800/- from 1.11.2014 or on the due date according to the MACP scheme subject to clearance of respective screening committee of the factory.
(1) The Honourable Tribunal -be kind to hold that all the applicants are entitled to. the benefit of financial upgradation under the Modified ACP Scheme of 6t CPC, and further be kind to direct the Respondents for granting the actual benefit of fixation of higher grade pay of Rs. 4600/-, as par the order in Annexure A/1, to all the applicants, as benefit of 2nd Financial upgradation under the Modified ACP Scheme by erasing the previous entries of forgoing of promotion.
(2) The Honourable Tribunal be kind to allow the arrear of pay with interest after granting the benefit of grade pay at the rate of Rs. 4600/- from the date of effect as ordered in Annexure A/1.
(3) Leave may kindly be granted by the Honourable Tribunal to file this joint application looking into this fact that all the applicants are praying for the same and identical relief and having similar fact.
(4) Any other relief as deemed fit and proper by the Honourable Tribunal in the circumstances of the fact & grounds as pleaded herein."
+ ae 5 o.a. 350.00056.2013
2. Heard both Ld. Counsel at length. Examined pleadings and = documents on record. Written notes have been furnished by Ld. Counsel for the applicant.
3. An M.A. bearing No. 350/00377/ 2014 praying for amendment of | the O.A. was allowed by this Tribunal on 10.8.2015 and the amended O.A. and reply thereto are taken up for adjudication.
4, Ld. Counsel for the applicant would argue that the 34 MACP was due to the applicants w.e.f. 1.11.2014 or on completion of 30 years of regular service on the following grounds:-
(i) That, the applicants were appointed as Highly Skilled -- II on completion of their training on 1.11.1984, vide factory order No. 1029, pt. 2 dated 27.5.1985, except applicant No. 1, who was appointed on 1.5.1985 (Annexure A/2 page No. 19-21).
(ii) The applicants not having been provided with any opportunity of promotion were granted 1st ACP in the next hierarchy of the post of Chargeman at the Pay Scale of Rs. 5000-8000/- on 9.8.1999 (Annexure A/4, page no. 29-33) by factory order no. 1514, part-II dated 25.7.2001.
(iii) The respondents, vide their order No. 11(1)/2002/D(Civil) dated 20.5.2003 (Annexure A-6 to the O.A.), modified the grade structure of Artisan Staff in a 3 grade structure constituted as skilled, highly skilled' (by merging Highly Skilled II & 1) and Master Craftsman (by placement in a lower pay scale of Rs. 4,500-7000/-
in place of corresponding pay scale of Rs. 5000-8000/-). O.M dated 20.5.2003 further stated that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will oe 6 0.a.350.00056.2013 not be treated as promotion of Highly Suilled Grade either under normal promotion rules or under ACP Scheme.
(iv) That, on the basis of the restructure as noted at A/6 to the O.A., the applicants were placed as Master Craftsman in the pay scale of Rs. 4500-7000/- without any benefit of pay fixation, as all the applicants were already in the pay scale of Rs. 5000-8000/- 'under 1st ACP. Such postings of the applicants therefore were not a promotion and, that, the applicants did not get any opportunity of promotion from initial appointment as Highly Skilled II.
(v) From 1.1.2006, Master Craftsman are in pay scale of PB-2, (Rs. 9,300-34,800/-) having slabs of grade: pay of Rs. 4200/-, Rs.. 4600/- and 4,800/- respectively. Hence, applicants are entitled to financial upgradation of the MACP on completion of 30 years service as on 1.11.2014, and are entitled to 3:4 MACP with grade ~ pay Rs. 4,800/- in PB-2 pay scale.
5. Per contra, the respondents would refute the claim of the applicant by arguing as follows:-
(a) That the applicants, on completion of Journeyman-ship Training were categorized and appointed on 30.04.1985 and 1.11.1984 respectively in the Highly-Skilled Grade in the Pay Scale of Rs. 330-480/- which was revised to Rs. 4000-6000 /-. Thereafter, | the Assured Career Progression Scheme (ACP) came into force on & from 09.08.1999 ensuring two financial upgradations for Central Govt. Employees in their service span of 24 years, if they had not earned any promotion during such period. Since the applicants had completed 12 years of continuous service, financial upgradation in hay 7 0.a. 350,00056.2013 the pay scale of Rs. 5000-8000/- was awarded w.e.f. 9.8.1999 under ACP and the fixation benefits as to the normal promotion _ was granted to the applicants.
(b) That, thereafter, the pay scale of Artisan Staff in Defence Establishment was modified w.e.f. 1.1.1996 (in modification of recommendation of Sth CPC) under MOD No. 11(1)/ 2002/D(Civ. I) dated 20.5.2003 as under:-
1. Skilled Rs. 3050-4590
2. Highly Skilled Rs. 4000-6000 (HS-I + HS-II)
3. Master Craftsman Rs. 4500-7000 Paragraph 4 (iii) of the said office order dated 20.5.2003 stated that since the post of Master Craftsman is not part of the hierarchy, the placement in this grade shall not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Instructions under paragraph 4 (iv) of the said memo further directed that the post of Master Craftsman shall continue to be considered as Highly Skilled Grade for the purpose of promotion-to the Grade of Chargeman-II (Rs. 5000-
8000/-).
(c) That, accordingly the applicants were placed in the Grade of Master Craftsman in the pay scale of Rs. 4500-7000/- without any financial benefit since they were holding the higher scale of pay (Rs.
5000-8000/-) w.e.f. 9.8.1999 under ACP Scheme.
A 8 0.a. 350,00056.2013
(d) Thereafter the applicants were promoted to Chargeman Grade ~ II (Tech) but upon refusing to accept the said promotion, offered to forego the said promotion. Accordingly, the names of | the applicants were deleted from the list of promotion orders during 2007, 2008 & 2009 since they had refused to "accept such promotion (Annexure A-14 & A-15 to the O.A.).
Since the applicants had refused to accept the promotion, in terms of the Govt. order on MACP Scheme (Annexure A-17 to the O.A.) they were not entitled to get the Grade Pay of /Rs. 4600/-. under MACP Scheme. Accordingly, their pay fixation proposal with grade pay of Rs. 4600/- could not be granted on the said ground.
6. The Ld. Counsel for the applicant would rebut the charges of the respondents as follows:-
That the claim of the respondents, that promotion had been refused in between 2006-2009 is not tenable, as because, after 1.1.2006.
(i) |The pay scale of MCM and Chargeman is identical, as such
-MCM only can be inducted by way of transfer not by promotion (Annexure A/11 to the O.A.).
(ii) As per the Recruitment Rules (Annexure D/4 to the rejoinder), MCM is.not the feeder post for promotion to Chargeman.
(iii) After 1.1.2006, only Highly Skilled categories are the feeder post for Chargeman and also for MCM post in Artisan Cadre -
as per order in Annexure A/11.
ee 9 0.a. 350.00056.2013
7.(1) The foremost issue as to whether MCM is a promotional post to HS II stand resolved as letter dated 28.5.2003 on "Restructuring of cadre of artisan staff' (Annexure A-6 to the O.A.) undisputedly holds that, MCM, a not being a part of the hierarchy, cannot be termed as 'a promotion. As the applicants had been appointed in 2003, this O.M. would squarely apply to them, in admission to which, and during the pendency of hearing, the applicants have been granted 2.4 MACP with gerade pay of Rs. 4600/ - as disclosed by Ld. Counsel for the applicant in his written notes of arguimenits.
(2) Hence the only surviving issue, as brought forth in the amended O.A. is the applicants' entitlement to upgradation under 3'¢ MACP with grade pay of Rs. 4,800/-. While applicants would robustly aver that any. move from MCM to Chargeman II is a placement, respondents would counter that the movement from MCM (as merged with HS II) to Chargeman is a promotion and as applicants had forgone their promotion, they were debarred from MACP for such years of forbearance, and, hence, were rightly denied further financial upgradations.
8. To decide on the issue as to whether movement from MCM to Chargeman II is a placement or a promotion, we would refer to the following documents:-
(i) At the outset, we would refer to the recruitment rules as annexed in the rejoinder of the applicants (D-3 to the rejoinder}. These recruitment rules have been issued on 1.11.1994. Neither parties would bring on record any further amendments to such recruitment rules. As per such recruitment rules, the post of Chargeman Gr. IJ (Tech.} can be filled up either by direct recruitment or by promotion. We would confine MA 10 o.a. 350.00056.2013 ourselves. to the contents of the recruitment rules in the context of promotion to the post of Chargeman II (Tech) to quote as under:
DRAFT:SRO FOR SUPERVISORY & NON-GAZETTED. CADRE IN .- ORDNANCE FACTORIES, MINISTRY OF DEFENCE, DEPARTMENT OF DEFENCE PRODUCTION Age Name of! No. of | Classifications | Scale of | Whether | Whether limit | Educational the posts Pay selection | benefit of | for Direct | and other. < OR added recruitment | qualifications posts "
Non- years of required for selection | service direct posts admissible recruitment under rule 30 of CCS Pension Rules, 1972 J 2 3 4 5 6 7 8 Xx xx xx XX xx xx xX xx XXXXXKK 1 2 3 4 5 6 7. . 8 Chargema | 5500 | Civilian in | 1400 | Selectio Not Betwee | Recognized 3 years diploma n Grade-Il Defence -40- n applicabl | n 18 to | or equivalent in (Tech.) Services 1800 e 25 Engg. /Tecnhology/D'Manshi Group 'C' | -EB- years | p with 2 years experience in Non- 50- relevant technical field or Gazetted | 2300 B.Sc. with Physics, Chemistry and Math, where diploma for any category cannot be identified by OFB and with 2 years experience in the relevant field. In design category if recognized certificate in. D'Manship or Diploma course is less than 2 years duration experience in D'Manship to. cover. the |.
balance period will be necessary.
Chargema | 800* -do- ~do- -do- - -do- -do- | A degree from a recognized n Grade-II university with 2 years (Non- -| experience in the relevant.
Technical field, , and ;
Stores} ; A degree from a recognized Civilian in | 1200 -do- -do- -do- university. Experience in the Supervisor | 1333 Defence -30- relevant field desirable. (Non- * Service 1500 Technical (Non- -EB-
and Industrial 40- Stores) Group'C' | 2040 Supervisor ) 11
0.a. 350,00056.2013 9 10 il 2 years for direct | recruit only No By Promotion from panel prepared by relevant DPC for each category after adjustment of surplus and transfer. © In any category of supervisor cum operator (such as a new category of CNC Machine or computer operator} on failure of recruitment by promotion, by transfer failing which by direct recruitment No -do-
-do-
12 13 14In case of recruitment by promotion /deputations/ transfer grades from which promotions/deputation/ transfer to be made If DPC exists what is its composition Circumstances in which UPSC is to be consulted in making récruitments By Promotion:
Promotion from Draughtsman or equivalent in scale of Rs, 1200-2040 with 3-years service and promotion from HS Gd. Il with 6 years regular service in respective category By Transfer: On passing trade test.
By Transfer Inter-se of Draughtsman in scale of Rs. 1400-2300 and Supervisor (Technical) or equivalent in scale of Rs. 1600-2300 in respective category , DPC consists of Addl. GM/Jt. GM as Chairman and two officers of Dy. GM or equivalent level one of whom representing SC/ST Group Not Applicable (emphasis supplied).
Accordingly, although issued in 1994, as no amendments have been brought before us to establish that the post of MCM has been included as a feeder post to the post of Chargeman II as per recruitment rules, it is not established that the movement from MCM to Chargeman II (Tech.) is a promotion.
(ii) | Vide Annexure A-11 to the O.A. dated 31.12.2010, the authorities have notified the restructuring of cadre of Artisan Staff in Defence establishments, in modification of the recommendations of the Sixth | CPC. Such instructions are noted as follows with added emphasis:-
12 .0.a, 350.00056.2013 " GOVERNMENT OF INDIA.
MINISTRY OF DEFENCE ORDNANCE FACTORY BOARD AYUDH BHAVAN 10A, SHAHEED KHUDIRAM BOSE ROAD _ KOLKATA-700001 No. O1/CR/A/I/658 Dated, the 31 Dec. 2010 To | All Sr. General Manager/General Manager, Ordnance and Ordnance Equipment Factories Sr. Principal Director, -
National Academy of Defence Production, Ambaijhari Sub: Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6" CPC.
Ref: (i).M of D letter No. 11(5)/2009-D(Civ.I) dtd. 14" June, 2010.
(ii) M of D.I.D. No, 14(5)/2009-D(Civ.-l) dated 13" Oct. 2010.
(iii) M of D.1.D. No. 11(5)/2009-D(Civ.-I) dated 1* Dec. 2010.
(iv) OF8 letter No. O1/CR/A/I/658 dated 13.12.2010.
In view. of the Govt. orders at ref (i) to (iii) and the operating instruction issued vide | OFB's letter at ref. (iv) that the post of the Master Craftsman shall be part of the hierarchy and the placement of Master Craftsman will be treated as promotion and since the post of Master Craftsman and the Chargeman (Tech.) are in the same Pay Band and Grade Pay, the following action may be taken for promotion to Master Craftsman and Chargeman (Tech):-
01. Eligible Highly skilled Gr. | employees will constitute feeder line of promotion to Master Craftsman in the artisan cadre or Chargeman (Tech) in the Supervisory Cadre and accordingly, they will be asked to exercise option for promotion either to Master Craftsman or to Chargeman (Tech) before consideration for promotion.
02. With the placement of Master Craftsman and Chargeman (Tech) in identical Pay Band and Grade Pay, all existing Master Craftsman will be allowed to give option to be inducted as Chargeman by way of transfer. Such exercise should be completed within one month of the issue:of this instruction. Such option once exercised is final. .
After the completion of such exercise, no induction from Master Craftsman to Chargeman (Tech) by way of transfer will be allowed.
Necessary amendment to the existing SRO to the extent as laid down. in the Govt. Orders is under process and will be notified in due course.
(A.K. Das) Jt. Director/NI&l For Director General, Ordnance Factories bre "
13 o.a. 350.00056.2013 A plain reading of the said instructions leads us to infer that as the post of Master Craftsman and Chargeman (Tech) are in the same pay scale and grade pay, the authorities are instructed to take further actions for promotion to Master Craftsman and Chargeman (Tech) in the | following manner:-
1. That, eligible HS Gr. I employees will constitute the feeder line of | .
promotion to Master Craftsman in the artisan cadre or Chargeman (Tech) (supervisory cadre), and, they, would, hence, be asked to exercise options for promotion either to Master Craftsman or Chargeman (Tech) consideration of promotion.
2, That, all existing Master Craftsman would be allowed to give option to be inducted as Chargeman by way of transfer.
These instructions make it amply clear that the posts of Master Craftsman and Chargeman Tech are in the same pay scale and grade pay and that eligible HS Gr. I employees would constitute the feeder cadre to promotion to the posts of MCM or Chargeman (Tech).
3. That, any movement of existing Master Craftsman to Chargeman would be by way of transfer. | Accordingly, this 2010 instructions makes it amply clear that any movement from MCM to Chargeman would be treated as placement and either of them would be construed as the promotional post to HS Gr. I.
9. A further communication dated 21.1.2013 annexed at D-6 to the rejoinder (addressed to applicant No. 6) has intimated the said applicant | to prefer his option for "placement" from MCM to Chargeman foe' _ 14 =~ oa, 350.00056.2013 Tech. / Mech. We note that this intimation has been issued on behalf of the Office of respondent No.3. | _ Further, the applicants, have brought on record by way of a memo dated 18.2.2014, a memorandum of the | Ministry of Defence on restructuring of the cadre of Artisan Staff in defence. establishments in :
modification of recommendations of Sixth CPC to clarify as follows:- | "(iv) . On ground (i) above i.e. whether MCM is the feeder post to Chargeman, is _ prima facie a question of fact to be established by the administrative Ministry i.e. Ministry of Defence. The contention of the staff side in this matter that MCM is not a feeder post to Chargeman is, therefore, may be resolved by Ministry of.
Defence itself.
-4. As for the l1{iv) above, the matter has been considered in consultation with. ' Defence Finance and it is further clarified that since the post of MCM was. not in the hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled Workers/MCM who were already drawing the pay scale of © Chargeman (Rs. 5000-8000/-) viz. the promotion post up to 31.12.2005 under ACPS may be considered for further financial upgradations, if due, in the next Grade Pay (Rs. 4600/-) in the hierarchy of Grade Pays." ;
The r respondents have abided by the above instructions to grant the benefits of upgradation under 294 MACP with Grade Pay of Rs. 4600/-.
10. Hence, the applicants would be rightfully entitled to receive the benefits of upgradation under 34 MACP with consequent Grade Pay of Rs. 4800/- provided they. have not received any promotion in the intervening period.
Above noted instructions, recruitment rules, office memorandum and communications (supra), all lead to the unavoidable conclusion that the movement from MCM to Chargeman (Tech.) is clearly one of placement and not one of promotion.
In such context, the arguments of the respondent authorities that . - the applicants' refixation was refused by the respondent authorities on. the grounds that the applicants had regretted their offers of promotions does not hold good.
bs 15 0.a. 350.00056.2013 'Upon a close perusal of the documents brought on record, we are of the considered view, that the movement from MCM to Chargeman (Tech) is not a promotion. These are different posts placed on the "same pay scale of Rs. 9300-34,800 /- but with varying Grade Pay of Rs. 4200/-, Rs. 4600/- and Rs. 4800/- respectively as cascaded slabs of Grade pay. -
| If the movement from MCM to Chargeman (Tech.) is not a promotion, the applicants. cannot be penalized for having refused such promotion, and, the provisions of para 25 of Annexure I to the MACP Scheme at Annexure A-17 to the O.A. would not apply.
11. Hence, the logic of the respondents that the benefits of MACP could not be agreed to on account of deferment of the applicants' entitlements on the grounds that they had foregone promotion, does not add any value to their arguments.
The respondents would bring on record Annexure R-1 to the reply. ... | wherein the placement of Highly Skilled Grade of Master Craftsman prior to 1.1.2006 was directed to be treated as promotion for the purpose of MACP benefits. Such reference at this stage largely becomes an academic :
exercise as because the respondents have granted the 2nd MACP benefits with Grade Pay of Rs..4600/- to the applicants admittedly i in 2008 as per the chart submitted by Ld. Counsel for the respondents during hearing and as disclosed by Id. Counsel for applicants in his written notes of arguments.
12. Accordingly, we would direct the respondent authorities to reckon the movements of the applicants during the period between grant of Qnd - MACP and the admissible date of grant of 3*4 MACP to be one of -
placement and not of promotion and to grant them the requisite grade + '
--
16 0.a. 350.00056.2013 pay by virtue of financial upgradation as they are entitled to under 3rd MACP from the admissible dates. Necessary orders are to be issued within 16 weeks from the date of receipt of a copy of this order. ; Admissible benefits may be disbursed within a further period of.10 -- weeks thereafter.
13. With these directions, the O.A. is disposed of. No costs.
oT ne '.
_ Sa ;
; 7 (Dr. Nandita Chatterjee) _ (Bidisha Banerjee) Administrative Member -- _ Judicial Member SP