Central Administrative Tribunal - Delhi
Madan Mohan Bhatt vs Union Of India Through on 29 June, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No.747/2014 Reserved On:22.04.2015 Pronounced On:29.06.2015 HONBLE MR. G. GEORGE PARACKEN, MEMBER (J) HONBLE MR. SHEKHAR AGARWAL, MEMBER (A) 1. Madan Mohan Bhatt S/o Late P.C. Bhatt R/o 25-F, Pocket-A1, Mayur Vihar, Phase-III, Delhi-110096. 2. Smt. Veenapani Banisingh W/o Shri J.S. Mehra R/o L-161, Sarojini Nagar, New Delhi-110023. 3. Jasbir Singh S/o Late Mohinder Singh R/o C-274/4, Arjun Nagar, S.J. Enclave, New Delhi-110029. Applicant By Advocate: Shri A.K. Trivedi. Versus 1. Union of India through Its Secretary, Ministry of Finance, Department of Revenue, Government of India, North Block, New Delhi. 2. The Chief Commissioner, Central Excise Delhi Zone, C.R. Building, I.P. Estate, New Delhi. 3. The Commissioner, Central Excise Delhi-I, New Delhi. Respondents By Advocate: Shri Satish Kumar. ORDER
G. George Paracken, Member(J) The grievance of the Applicants in this Original Application is that the Respondents have not been considering their requests for grant of the Ist financial up-gradation in the Grade Pay of Rs.4800/-, IInd financial up-gradation in the Grade Pay of Rs.5400/- and IIIrd financial up-gradation in the pay scale of Rs.6600/- respectively despite the fact that the said benefit has already been extended to similarly situated persons in terms of the directions of the Ernakulam Bench of this Tribunal in OA No.107/2011 T.P. Leena Vs. Union of India and Others decided on 27.09.2011 as upheld by the Honble High Court of Kerala as well as the Honble Supreme Court of India.
2. The brief facts are that, presently, the Applicants No.1 and 3 are working as Junior Hindi Translators and the 2nd Applicant is working as Senior Hindi Translator in the Office of Respondent-Central Excise, Delhi Zone. All of them were initially appointed as Junior Hindi Translators and their next promotional post is Sr. Hindi Translators. As per the 5th CPC recommendations, they were placed in the pay scale of Rs.5000-8000 attached to the post of Junior Hindi Translator w.e.f. 01.01.1996. Under Assured Career Progression Scheme (ACP Scheme for short), they were given the benefit of the Ist financial upgradation to the pay scale of Rs.5500-9000 with effect from the date they completed 12 years of service. Later on, the second Applicant also got functional promotion as Sr. Hindi Translator in the same scale with effect from April, 2006. After the acceptance of the recommendations of the 6th CPC, the Government notified the following revised pay structure for Official Language Cadre belonging to the Central Secretariat Official Language Service (CSOLS for short) as on 01.01.2006:-
Designation Recommended pay scale Corresponding Pay Band & Grade Pay Pay Band Grade pay Jr. Translator 6500-10500 PB-2 4200 Sr. Translator 7450-11500 PB-2 4600 Asstt. Director (OL) 8000-13500 PB-3 5400 Dy. Director (OL) 10000-13500 PB-3 6100 Jt. Director (OL) 12000-16500 PB-3 6600 Director (OL) 14300-18300 PB-3 7600 Thereafter, the Ministry of Finance, Department of Expenditure, vide their OM No.F.1/1/2008-IC dated 24.11.2008, issued instructions to all Ministries/Departments of the Government of India to grant the aforesaid revised pay scales to the similarly designated Official Language posts existing in the subordinate offices also. Accordingly, the Applicants No. 1 and 3 were placed in the sale of pay of Rs.6500-10500 and the Applicant No.2 in the scale of pay of Rs.7450-11500 with effect from 01.01.2006. Again, on the acceptance of the another recommendations of the 6th CPC, the Government introduced MACP Scheme vide OM dated 19.05.2009 whereby it has been decided that three financial upgrdations under the said Scheme at the intervals of 10, 20 and 30 years of continuous service shall be granted to the employees. In the said Scheme it has also been provided that promotions earned/upgradations granted under ACP Scheme in the post of those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS. Consequently, the Ministry of Finance issued OM dated 13.11.2009 granting the Grade Pay of Rs.4600/- in PB-2 to those who were in the pre-revised scale of Rs.7450-11500 and Grade Pay of Rs.4200/- in PB-2 to those in pre-revised scale of Rs.6500-10500 as on 01.01.2006. The VIth CPC also recommended for the merger of the scale of Rs.6500-10500 with the scale of Rs.7450-11500 on functional basis wherever feasible. Wherever it was not feasible to do so, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged with the posts in the scale of Rs.6500-10500 upgraded to the next higher grade in the PB-2 with Grade Pay of Rs.4600/- corresponding to the pre-revised scale of Rs.7450-11500.
3. Thereafter, the Chief Commissioner of Customs and Central Excise, Pune issued orders, vide Corrigendum dated 02.11.2010 and OM dated 21.06.2011 granting the Grade Pay of Rs.4800/- as Ist MACP Scheme and Rs.5400/- as IInd MACP Scheme to Junior Hindi Translator and Senior Hindi Translators. Similarly, the Directorate General of Inspection also, vide Office Order dated 27.11.2011, granted Grade Pay of Rs.4800/- as Ist MACP to both Jr. Hindi Translators earlier and to the Sr. Hindi Translators in the Grade Pay of Rs.4600/. The grievance of the Applicants is that in spite of the aforesaid orders passed by the various units under the Respondent-Central Excise, Delhi Zone, the Applicants have been denied the aforesaid benefits.
4. The learned counsel for the Applicants has submitted that the cases of the Applicants herein are also squarely covered by the Order of the Ernakulam Bench of this Tribunal in OA No.107/2011 (supra). The Applicant therein joined the service of the Respondent-Fishery Survey of India as Hindi Translator in the pay scale of Rs.1400-2300 replaced by the pay scale of Rs.4,500-7,000 w.e.f. 01-01-1996. Again, vide order dated 08.11.2000, the said scale was replaced with the scale of Rs.5,000-8000/- retrospectively with effect from 01.01.1996. On 13-07-2004, the post of Hindi Translator was re-designated as Junior Hindi Translator without any change in pay scale or functional responsibilities. After the introduction of ACP Scheme, she was placed in the pay scale of scale of Rs.5,500-9000 w.e.f. 30-03-2002 and by a subsequent Memorandum dated 24-11-2008, pay scale of Rs.5,500-9000 was replaced with Rs.7450-11500/- with retrospective effect from 01-01-2006. From that date, the pay scale of Rs.7,450-11,500 was also replaced by the Pay Band of Rs.9,300-34,800 with Grade Pay of Rs.4,600/- under the Revised Pay Rules 2008. Accordingly, the Applicants pay was fixed in the aforesaid Pay Band vide order dated 04-05-2009. However, as per the Revised Pay Rules, 2008, the erstwhile scale of Rs.5,000-8,000, Rs.5,500-9,000 and Rs.6,500-10500 have been merged and replaced by the Revised Pay Band PB-2 in the scale of Rs.9,300-34,800 with Grade Pay of Rs.4,200/-. On 30-03-2010, the Applicant completed 20 years of service and became entitled for 2nd financial upgradation under the MACP. Her claim was in terms of, para 5 of MACP Scheme, she should be deemed to have not earned any promotion/upgradation and thus, she should be considered for the first financial upgradation with the Grade Pay of Rs.4800/- as on 01.09.2008 and for the second financial upgradation with the Grade Pay of Rs.5400/- w.e.f. 30.03.2010. Considering the submissions of both on behalf of the Applicant and the Respondents, this Tribunal allowed the said claim vide order dated 27.09.2011. The relevant part of the said order reads as under:-
9. Arguments were heard and documents perused. The question is whether the applicant is entitled to the grant of first financial upgradation w.e.f. 01-09-2008 and second w.e.f. 30-03-2010 as claimed and if the answer is in affirmative, what should be the pay band and grade pay of the applicant as on 01-09-2008 on grant of first financial upgradation and as on 30-03-2010 on grant of second financial upgradation.
10. We must at this juncture get a hang of the import of the provisions of Clause 5 of the MACP Scheme, which has been given with illustration as under:-
5.Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs. The pre-revised hierarchy (in ascending order) in a particular organisation was as under:-
Rs.5000-8000, Rs.5500-9000 & Rs.6500 - 10500.
(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs.5000-8000 and who did not get a promotion even after 25 years of service prior to 01.01.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organisation, i.e, to the pre-revised scales of Rs.5500-9000 and Rs.6500-10500.
(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs.5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs.5500-9000 & Rs.6500-10500 during this period. In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs.5500-9000 and Rs.6500-10500 prior to 01.01.2006 will be ignored on account of merger of the pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs.4200 in the pay band PB-2. After the implementation of MACPs, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs.4600 and Rs.4800 in the pay band PB-2.
11. The applicability of the above rule in so far as the applicant is concerned has to be considered now. Initially, the applicant joined as Hindi Translator (later on redesignated as Junior Hindi Translator) in the pay scale of Rs.1,400-2,300/- which under the Pay Rules 1997 effective from 01-01-1996 underwent an upward revision of Rs 5,000 - 8000/- (Grade S-9). W.e.f. 30-03-2002, the applicant gained the first ACP and her pay was fixed in the scale of Rs 5,500 - 9,000/- which is the next grade in the normal pay scales from S-9 and S-10. Annexure R-5 Office Order dated 11-02-2003 refers. This pay scale of Rs 5,500 - 9,000/- was replaced by Rs 7,450-11,500/- vide Annexure A-3 dated 24-11-2008 (as modified by Annexure A-4 dated 27-11-2008.) This pay scale of Rs.7,450 - 11,500/- is replaced by the Revised Pay Scale (PB-2 ) of Rs.9,300 - 34,800 with a grade pay of Rs.4,600/-. There is no quarrel upto this stage.
12. When the question of applicability of MACP came, it is the case of the applicant that since the pay scales of Rs.5,000-8,000/-, Rs.5,500-9,000/-, Rs.6,500-10,500/- have been merged, the financial upgradation granted from Rs.5,000-8,000/- to Rs.5,500-9,000 in 2003 has to be ignored by virtue of clause No. 5 of the Scheme (extracted above). Thus, the applicant has to be treated to be in the very initial grade without any financial upgradation and thus, she is entitled to two financial upgradations, one as on 01-09-2008 (from the date the MACP became operative) and another on completion of 20 years i.e. 30-03-2010. And since, the grade pay the applicant was drawing was Rs.4600/-, the first Financial Upgradation should carry Grade pay of Rs 4,800/- while the second one Rs.5,400/-. This is objected to by the respondents as according to them, the higher pay scale claimed by the applicant relates to Hindi Translators of the Central Secretariat Services and not to the subordinate offices in which the applicant is functioning.
13. Now, a close look again at para 5 of the Scheme is essential. The wordings are "Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs." It is pertinent to mention that after the sixth Pay Commission Recommendations, in respect of grant of MACP, it is not the pay scale that undergoes any upward revision but only the Grade Pay, as is evident from para 2 of the scheme itself. Thus, for invoking the provision of Rule 5 of MACP, what is to be seen is as to whether the grant of financial upgradation resulted in a higher grade pay in the upgraded pay scale. The first Schedule vide Rules 3 and 4 (section I, Part A) annexed to the Revised Pay Commission Rules 2008 provides for the scale, revised pay structure and corresponding grade pay for the erstwhile pay scale of Rs.5000-8000 and 5,500-9000 as under:-
Sl.No. Post/Grade Present Scale Revised Pay Structure Name of Corresponding Pay Corresponding Pay Bands/Scales Grade Pay 10 S-9 5000 - 150 - PB-2 9,300 - 34,800/- 4200 8000 11 S-10 5500-150- PB-2 9,300 - 34,800/- 4200 9000
14. The illustration appended to para 5 would clarify the point. When the scales of pay of Rs.5,000-8000 and Rs.5,500- 9,000/- get merged, the grade pay in these two grades remained the same i.e. Rs.4,200/-. It is only under such a circumstance, (i.e. The two pay scales should have the same grade pay) that the promotion or upgradation should be ignored. In the instant case, admittedly, the financial upgradation resulted in the pay scale of the applicant substituted the earlier Rs.5,000-8000/- Rs.5,500- 9000 and thus, the Pay Band remained the same, as also the grade pay. Under such circumstances, when there is a merger of the two, into a single pay scale, the earlier upgradation granted under the ACP scheme has to be ignored. . Thus, clause 5 of the scheme does apply to the case of the applicant. Hence, though the applicant had earned one financial upgradation in 2002, the same has to be ignored. It is at a very late stage i.e. w.e.f. 01-01-2006 that the pay scale of Junior Hindi Translator was revised to Rs.7,450 - 11,500/- and the grade pay attached to the same is Rs.4,600/- as per the aforesaid First Schedule. This is the admitted position, as could be seen from Annexures A-6 Pay fixation as well as the statement annexed thereto, Annexure A-8 proforma (vide entry against para 3(i) and (iv) thereof, Annexure R-6 and para 7 of Annexure MA1. Thus, though the pay scale of Junior Hindi Translator underwent upward revisions (from the initial scale of Rs.4,500-7000 to ultimate pay scale of Rs.7,450- 11,500/-), practically, the applicant remained in the same post without any promotion for twenty years. This makes her eligible to two financial upgradations one on completion of ten years of service or 01-09-2008 whichever is later and the other on completion of 20 years. The upgradation shall be in respect of the grade pay i.e. Rs.4,800/- and Rs.5,400/- respectively. Thus, w.e.f. 01-09-2008 the pay scale of the applicant shall be 9,300 - 34,800 with grade pay of Rs.4,800/- and w.e.f. 30-03-2010 the pay scale and grade pay of the applicant should be Rs.9,300- 34,800 and Rs.5,400 respectively. It is the same which has been claimed by the applicant and this is the same which has been observed by the internal audit as well, vide MA 1 (para 7). The claim of the applicant is not based on the pay scale applicable to the Central Secretariat Services but one purely within the ambit and scope of the provisions of the MACP including para 5 of the scheme, which is applicable to the facts and circumstance of this case.
15. In view of the discussion as in the preceding paragraphs the OA succeeds. The impugned order at Annexure A-1 and A-2 are hereby quashed and set aside. Respondents are directed to pass suitable orders, revising the pay of the applicant as hereunder:-
(a) w.e.f. 01-09-2008: admissible pay in the scale of Rs.9,300 - 34,800 with grade pay of Rs.4,800/-.
(b) w.e.f. 30-03-2010: Admissible pay in the scale of Rs.9,300 - 34,800 with grade pay of Rs.5,400/-.
16. Arrears arising from the above fixation of pay shall also be made available to the applicant.
17. It is made clear that the upgradation in the case of Junior Hindi Translator under MACP is peculiar to this post in view of merger as well as revision of pay scale of Jr.Hindi Translators. Other cases where such a merger coupled with revision of pay scale as in the case of Jr.Hindi Translators does not exist, cannot claim parity with the case of Jr.Hindi Translator.
18. This order shall be complied with, within a period of three months from the date of receipt of this order.
19. Under the above circumstances, there shall be no orders as to costs.
5. The Respondents have filed their reply. They have taken the preliminary objection regarding limitation. According to them, the Applicants should have approached this Tribunal within one year from the date when the final order was passed. In the present case, the cause of action has arisen on 19.05.2009 when MACP Scheme was introduced whereas this OA has been filed only in February, 2014. Hence they are not entitled to claim the reliefs sought in this OA.
6. As regards the merit of the case is concerned, they have stated that Ministry of Finance, Department of Expenditure has issued an OM No.1/1/2008-IC dated 24th November, 2008 for grant of revised pay scales approved for various posts in the CSOLS to similarly designated Official Language posts existing in the various subordinate offices w.e.f. 01.01.2006. As per the said OM, the pay scale recommended to Jr. Translator is Rs.6500-10500 in PB-2 with Grade Pay of Rs.4200/-. Accordingly, the pay of the Applicants No.1 and 3 has been fixed. But the applicants are relying on the order No.1/1/2008-IC dated 13th November, 2009 granting Grade Pay of Rs.4600 in the PB-2 corresponding to the pre-revised pay scales of Rs.7450-11500. But by the order only the posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of grade pay of Rs.4200 in the pay band PB-2, were to be granted the grade pay of Rs.4600 in the pay band PB-2 corresponding to the pre-revised scale of Rs.7450-11500 w.e.f.1.1.2006. Further, in terms of the aforementioned provisions of CCS (RP) Rules, 2008, in case a post already existed in the pre-revised scale of Rs.7450-11500, the posts being upgraded from the scale of Rs.5600-10500 should be merged with the post in the scale of Rs.7450-11500. Since, the scale of Jr. Hindi Translators was not in the pre-revised scale Rs.6500-10500, the Applicant no.1 cannot be granted the Grade Pay of Rs.4600 and his pay was fixed accordingly with Grade Pay of Rs.4200/-. The Grade Pay of Rs.4600, on the other hand is applicable to only Sr. Hindi Translators.
7. Further, the Ministry of Finance, Deptt. of Revenue has issued clarification, vide their letter No.A-26011/114/2013-Ad.IIA dated 18th December, 2013 regarding Cadre Restructuring and re-organization of field formations under Central Board of Excise & Customs. As per the said order, Junior Hindi Translators are in the PB-2, Rs.9300-34800 + Grade Pay of Rs.4200. Again, vide letter No.A-26011/114/2013-Ad.IIA dated 8th August, 2014 Ministry of Finance, Deptt. Of Revenue issued clarification to All Chief Commissioner, All DGs under CBEC etc. that the Grade Pay payable to the Jr. Hindi Translators is Rs.4200. The said clarification reads as under:-
as per provision of O.M. dated 13.11.2009, the posts which were in the pre-revised pay scale of Rs.6500-10500/- as on 1.1.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200 in the PB-2, have been granted grade pay of Rs.4600 in the pay band PB-2. The post of Junior Hindi Translator was not the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200 in the PB-2, have been granted grade pay of Rs.4600 in the pay band PB-2. The post of Junior Hindi Translator was not in the pre-revised scale of Rs.5500-9000. Therefore, the provisions of the OM dated 13.11.2009 is not applicable in the case of Junior Hindi Language in this case. While considering the official language posts in the Commissionerate under CBEC as per Department of Expenditures OM dated 24.11.2008 (read with OM dated 27/11/2008), the post of Junior Hindi Translator in all the Commissionerate under CBEC would be in the pay structure of PB-2 with Grade Pay of Rs.4200/-.
8. We have heard the learned counsel for the Applicant Shri A.K. Trivedi and the learned counsel for the Respondents Shri Satish Kumar. In our considered view, the objection of the Respondents regarding limitation is not valid as, according to they themselves, the latest clarification in this matter was issued by the Department of Revenue only on 08.08.2014. As far as the merit of case is concerned, undisputedly the Applicants No.1 and 3 are still working as Junior Hindi Translators and they were in the scales of pay of Rs.5000-8000 and Applicant No.2 got promotion as Sr. Hindi Translator in the higher scale of Rs.5500-9000. Later on, on the recommendation of the 6th CPC, the Junior Translators were given the revised scale of Rs.6500-10500 and the Sr. Translators were given the revised scale of Rs.7450-11500. Again both the said scales were merged in pay band of Rs.9300-34800 in PB-2 with the grade pay of Rs.4600/-. Again the scale of Rs.6500-10500 was merged with the scale of Rs.7450-11500 on functional basis but wherever it was not feasible to merge the posts in these pay scales on functional consideration, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 were merged with the posts in the scale of Rs.6500-10500 and upgraded to the next higher grade in the pay band PB-2 with grade pay of Rs.4600 corresponding to the pre-revised scale of Rs.7450-11500. In case a post was already existing in the scale of Rs.7450-11500, the post having been upgraded from the scale of Rs.6500-10500 was to be merged with the post in the scale of Rs.7450-11500. Meanwhile, the MACP Scheme came into existence w.e.f. 01.09.2008. In para 5 of the said Scheme, it has been provided that promotions earned/upgradations granted under ACP Scheme in the post of those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations. Accordingly, the Chief Commissioner of Customs and Central Excise, Pune, vide orders dated 21.06.2010 and 02.11.2010, granted the Grade Pay of Rs.4800/- as Ist upgradation and Rs.5400/- as IInd upgradation under the MACP Scheme to both Junior Hindi Translators and Senior Hindi Translators. Similarly, in the Directorate General of Inspection, Customs and Central Excise, I.P. Estate, New Delhi also, vide its order dated 27.11.2011, granted the Grade Pay of Rs.4800 to the Jr. Hindi Translators and Sr. Hindi Translators on account of Ist financial upgradation. The Ernakulam Bench of this Tribunal has considered the very same issue in OA No.107/2011 (supra). The Applicant therein was Jr. Hindi Translator getting the scale of Rs.5000-8000 as on 01.01.2006. She was granted the Ist ACP w.e.f. 30.03.2002 and placed in the scale of Rs.5500-9000. Since pay scale of Rs.5500-9000 was replaced by the pay scale of Rs.7450-11500 with retrospective effect from 01.01.2006 in terms of Memorandum dated 24.11.2008 and the said pay scale under the Revised Pay Rules (2008) was replaced by the Pay Band of Rs.9300-34800 with Grade Pay of Rs.4600/- w.e.f. same date, by an order dated 04.05.2009, her pay was fixed in the pay Band of Rs.9300-34800 by virtue of her having been drawing the pay in the erstwhile scale of Rs.7450-11500 as first financial upgradation. The Applicant completed 20 years of service and thus became entitled to be considered for 2nd financial upgradation under the MACP w.e.f. 30.03.2010. Her claim was that, by virtue of para 5 of the MACP scheme, she should be deemed to have not earned any promotion/upgradation and thus, she should be considered for the first financial upgradation with the grade Pay of Rs.4,800/- as on 01-09-2008 and for the 2nd Financial upgradation, with the grade pay of Rs.5,400/- w.e.f. 30-03-2010. The Tribunal, on a close look of the said para found that Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs. Accordingly, she became eligible for two financial upgradations, one on completion of ten years of service or 01-09-2008 and the other on completion of 20 years in the grade pay i.e. Rs.4,800/- and Rs.5,400/- respectively. Since the claim of the applicant therein was not based on the pay scale applicable to the Central Secretariat Services but it was purely within the ambit and scope of the provisions of the MACP, the Tribunal directed the Respondents therein to pass suitable orders to grant pay the band of Rs.9,300-34,800 with grade pay of Rs.4,800/- w.e.f. 01.09.2008 and with grade pay of Rs.5400/- w.e.f. 30.03.2010 and arrears arising from the above fixation of pay. The aforesaid order was also upheld by the Honble High Court of Kerala at Ernakulam.
9. We, in the above facts and circumstances of the case, are of the considered view that the cases of the Applicants in this OA is squarely covered by the aforesaid order of the Ernakulam Bench of this Tribunal in OA No.107/2011 (supra) as upheld by the Honble High Court of Kerala. Accordingly, we allow this OA and direct the Respondents to grant the Applicants Grade Pay of Rs.4800/-, Rs.5400/- and Rs.6600/- on account of Ist, IInd and IIIrd Financial Upgradations under the MACP Scheme from the respective due dates with all consequential benefits including re-fixation of their pay and allowances and payment of arrears thereof. The aforesaid directions shall be complied with, within a period of 2 months from the date of receipt of a copy of this order. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN) MEMBER (A) MEMBER (J) Rakesh