Central Administrative Tribunal - Delhi
Shri Kanwar Chand vs Union Of India on 9 January, 2012
Central Administrative Tribunal Principal Bench OA No.4223/2010 New Delhi, this the 9th day of January, 2012 Honble Mr. G. George Paracken, Member (J) Honble Dr. Ramesh Chandra Panda, Member (A) 1. Shri Kanwar Chand, Age : 56 years, S/o late Shri Lal Singh, R/o H1/2003, Sector-11, Rohini, Delhi-110085. 2. Shri Prem Chand, Age : 59 years, S/o Late Shri Gurdas Ram, R/o 11P/230, J-Block, Sagarpur West, New Delhi-10046. 3. Shri Rajpal Singh, Age : 60 years, S/o Late Shri Sahaj Ram, R/o T-572/A-6, Baljeet Nagar, New Delhi-110008. 4. Shri Pramod Kumar, Age : 60 years, S/o Late Shri T.D. Gulati, R/o H.No.181, Pocket-A-1, Sector-4, Rohini, Delhi-110085. 5. Shri Khem Chand Sharma, Age : 64 years, S/o Shri Surat Singh, R/o G-1/505, Dal Mill Road, Uttam Nagar, New Delhi-110059. 6. Shri Chandra Bhan, Age : 61 years, S/o late Shri Har Swaroop, R/o 35T Extension, Uttam Nagar, New Delhi-110059. 7. Shri Advin V. Singh, Age : 62 years, S/o late Shri Victor Singh, R/o DA-102B, LIG, G-8,Area, Hari Nagar, New Delhi. (working as DTP Operators in various Offices under respondents). . Applicants. (By Advocate : Shri R.N. Singh) Versus 1. Union of India Ministry of Urban Development, Nirman Bhawan, New Delhi-110001. (Through: its Secretary) 2. The Directorate of Printing, Ministry of Urban Development, Nirman Bhawan, New Delhi-110011. (Through its Director). 3. The Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064. .. Respondents. (By Advocate : Shri Subhash Gosai) ORDER (ORAL)
Mr. G. George Paracken, Member (J).
Admittedly, the applicants in this OA are similarly placed as the applicants in the OA No.16/2010 Govt. of India Press Workders Union Vs. Union of India through Secretary, Government of India, Ministry of Urban Development, Nirman Bhawan, New Delhi. The aforesaid OA was disposed of by a Coordinate Bench of this Tribunal vide order dated 27.2.2011 with the following directions :-
6. We called for the office records to appreciate the reasoning why this facility was granted to the erstwhile Lino and Mono Operators. The extracts from the advice recorded by DoP&T read as under:-
3. Earlier, the administrative authorities have treated this placement of DTP Operators as promotion and thus has held that they are entitled to second financial upgradation only in the scale of Rs.5000-8000. DTP Operators have sought review of this stand on the ground that this places them at a disadvantage vis-`-vis lino/mono operators who continued in their posts.
4. In the specific facts of the case, we may agree that such Mino/Lino Operators who are appointed as DTP Operators cannot be put to any disadvantage vis-`-vis those who continued in the grade of Lino/Mino Operators as their appointment on transfer basis itself was not correct and, therefore, they may also be allowed two financial upgradations in the grades of Rs. 5000-8000 and Rs. 5500-9000 after counting the service already rendered in the grade of Lino/Mino Operators. The Department should immediately review the matter of framing fresh Recruitment Rules providing for filling up of such staff only on deputation basis. These notings do not reveal special reasoning why the benefit of past service should have been given to the erstwhile Lino and Mono Operators, which should be denied to the applicants. Having conferred these benefits to some members of reconstituted cadre of KBOs, it does not lie with the respondents to deny it to others. In the circumstances, it is difficult to sustain the impugned order which is accordingly set aside. Respondents are directed to extend the same benefits to the applicants which have been granted to some members of the reconstituted cadre of KBO in the matter of computing of past service for the purpose of ACP.
7. In the result, the O.A. is allowed in above terms. No costs.
2. The learned counsel for applicants has also brought to our notice that, vide Office Memorandum No.7/1/2011-AI dated 12.10.11, on the basis of the advise of the DOP&T, Ministry of Urban Development has instructed the Manager, Government of India Press, New Delhi to implement the aforesaid directions of this Tribunal. The applicants in this OA are also requesting the respondents to extend the benefits arising out of the aforesaid order, in their cases also.
3. Today when the matter was taken up for consideration, learned counsel for respondents has produced a copy of the Office Order No. Mgr./ Misc/ACP/MACP/2011/720 dated 4.11.2011 granting the second and third MACP to the applicants which reads as under :-
OFFICE ORDER In pursuance of Directorate of Printing, New Delhi OM No.7/1/2011-A-I dated 12.10.2011 and order of DOPT vide Dy. No.6372/K/Regd./2011 dated 23.8.2011 the benefit of the 2nd ACP/MACP as the case may be regarding implementation of ACP Scheme to the Central Government Civilian Employees and OM NO.35034/3/2008-Estt-(D) dated 19.5.2009 regarding MACP Schemes for the Central government Civilian Employees and on the recommendation of DSC which met on 3.11.2011 the undersigned please to grant 2nd and 3rd Financial Up-gradation under ACP/MACP on completion of 24 years regular service (2nd ACP)/30 years regular service (3rd MACP) in the pay scale of Rs.5000-8000 (pre-revised) and corresponding to revised pay scale of Rs.9300-34,800 with GP 4200/- on 1.1.06 and 4600/- in PB-2 respectively in respect of eligible employees as detailed below :-
Sl.No. Name & Designation Date of initial/ direct appointment post and pay scale Date of promotion/1st ACP and Scale of pay Date of re-deployed and 2nd ACP and Pay Scale Present Pay (Pay in the Pay Band + Grade Pay Date of eligibility for 3rd financial upgradation and Grade Pay
1. Shri Kanwar Chand, DTP Optr., DOB-(05.12.52) 14.6.1971, Comp. Gr-II, Rs.110-180 25.06.1984 Rs.330-480 As Comp.Gr.I 22.9.1998, DTP Optr. Rs.4500-7000, (notionally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800+ 4200/- PB-2 01.09.2008, Rs.4600/- (9300-34800) PB-2
2. Shri Raj Pal Singh, Ex-DTP Optr., DOB-07.07.48, Retd. On (31.07.08) 07.06.1971, Comp. Gr.II Rs.110-180 04.11.85 Rs.330-480 As Comp.Gr.I 22.9.1998, DTP Optr. Rs.4500-7000, (notionally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 Retd. Before implementation of 3rd MACP
3. Shri Chander Bhan, Ex-DTP Optr., DOB-01.07.48, Retd. On (30.06.08) 07.06.1971, Comp. Gr.II Rs.110-180 04.11.85 Rs.330-480 As Comp.Gr.I 22.9.1998, DTP Optr. Rs.4500-7000 (notionally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 Retd. Before implementation of 3rd MACP
4. Shri Advin V. Singh, Ex-DTP Optr., DOB-01.04.47, Retd. On (31.03.07) 01.06.71, Comp.Gr.II Rs.110-180 22.03.88, Rs.1200-1800 As Comp.Gr.I 22.9.1998, DT Optr. Rs.4500-7000, (notionally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 Retd. Before implementation of 3rd MACP
5. Shri Pramod Kumar Ex-DTP Optr., DOB-12.03.49, Retd. On (31.03.09) 11.06.71 Comp.Gr.II, Rs.110-180 01.08.91, Rs.1200-1800 As Comp.Gr.I 22.9.1998, DTP Optr. Rs.4500-7000 (notionally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 01.09.2008, Rs.4600/- (9300-34800) PB-2
6. Shri Prem Chand Ex-DTP Optr., DOB-11.02.50, Retd. On (28.02.10) 09.06.71, Comp.Gr.II, Rs.110-180 25.06,84, Rs.330-480 As Comp.Gr.I 22.09.98 DTP Optr., Rs.4500-7000, (notionally fixed without any fixation benefit)] IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 01.09.2008, Rs.4600/- 9300/- 34,800/-) PB-2
7. Shri Khem Chand Ex-DTP Optr., DOB-08.06.45 Retd. On 30.06.05 03.06.74 Comp. Gr.II, Rs.110-180 25.06.84, Rs.330-480 As Comp.Gr.I 22.09.98 DTP Optr. Rs.4500-7000, (notinally fixed without any fixation benefit) IInd ACP 09.08.99, Rs.5000-8000 9300-34800 + 4200/- PB-2 Retd. Before implementation of 3rd MACP The grant of ACP/MACP placement to the higher scale/grade pay/financial benefit is subject to the following conditions and other such conditions likely to be issued by the Govt. of India in future in this regard from time to time :-
The grant of ACP/MACP contemplates merely placement on personal basis in the immediate higher Grade Pay/ Grant of financial benefits only and shall not amount to actual/functional promotion of the employee concerned.
After grant of ACP/MACP, effective from 09.08.99 and 01.09.08, there will be no change in the designation, work, duties and responsibilities of the above employees, who will continue to be in the same post despite the above financial up-gradation.
The grant of ACP/MACP shall be conditional to the effect that an employee while accepting the benefit under ACP/MACP shall deemed to have given his un-qualified acceptance for regular promotion on occurrence of vacancies subsequently.
The Financial up-gradation under the ACP/MACP shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial up-gradation for the senior employees on the ground that the junior employee in the grade has got higher Pay Grade under the MACPs.
4. We have heard the learned counsel for the parties. As the applicants in this OA are admittedly similarly placed as those in OA No.16/2010 (supra), we reiterate our order therein dated 27.02.2011 in this OA also. In other words, the applicants in this OA also shall be extended the benefits as extended to the applicants in OA No.16/2010 (supra). As the respondents counsel has produced the Office Order dated 04.11.2011 only during the course of the arguments today, we have not examined it whether the respondents have taken into consideration of the past service rendered by the applicants in the Lino/ Mino Operators. If the same has not been done while issuing the Office Order dated 04.11.2011, the respondents shall do so now and suitably amend the aforesaid order dated 04.11.2011 to extend the same benefits as given to applicants in OA No.16/2010 (supra)
5. The aforesaid directions shall be complied with, within a period of one month from the date of receipt of certified copy of this order. No costs.
( Dr. Ramesh Chandra Panda ) ( G.George Paracken )
Member (A) Member (J)
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