Telangana High Court
Union Of India,Director Gen.,New ... vs Sri K.Nataraj,Hyd,Andanot on 6 July, 2023
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
W.P.Nos.23095 OF 2016, 34461 OF 2016, 36422 OF 2016,
42124 OF 2016, 46378 OF 2016, 46762 OF 2016, 46800 OF
2016, 163 OF 2017, 191 OF 2017, 507 OF 2017, 664 OF
2017, 787 OF 2017, 788 OF 2017, 801 OF 2017, 1375 OF
2017, 5150 OF 2017, 5791 OF 2017, 18516 OF 2017 AND
18524 OF 2017
COMMON ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) All these Writ Petitions are being disposed of by way of this common order as the issue raised in these Writ Petitions is one and the same.
2. For convenience, the facts in W.P.No.18516 of 2017 are hereunder discussed.
3. W.P.No.18516 of 2017 is filed aggrieved by the orders passed by the Central Administrative Tribunal in O.A. No.583 of 2014 dt.08.07.2016.
4. Heard learned Deputy Solicitor General of India appearing for the petitioners and Sri A. Raghu Kumar, learned counsel appearing for the respondent.
5. Learned Deputy Solicitor General of India appearing for the petitioners has contended that the respondent has approached the Tribunal by contending that the petitioners have extended 2 AKS,J & RRN,J WP No.23095 of 2016 & batch financial upgradation in accordance with the Modified Assured Career Progression Scheme (hereinafter referred to as "MACPS") and he wanted the financial upgradation in the grade pay of the next promotional post as envisaged in Assured Career Progression Scheme (hereinafter referred to as "ACPS") and the Tribunal was pleased to allow the O.A. by directing the petitioners to grant the grade pay of the next promotional post as envisaged in ACPS without appreciating the fact that MACPS contemplates only for grant of financial upgradation of pay to the next grade pay but not in the next promotional post. The MACPS was introduced in supersession of ACPS and when once MACPS has come into effect, the question of extending financial upgradation in the grade pay to the next promotional post would not arise. The upgradation to next promotional post is envisaged in ACPS. This fact was not appreciated by the Tribunal and the issue whether the financial upgradation has to be granted in the next grade pay or to the grade pay of next promotional post, was considered by the Hon'ble Apex Court in Union of India Vs. M.V. Mohanan Nair1 and the Hon'ble Apex Court has dealt with the issue and came to a conclusion that as per MACPS, an 1 2020 (5) SCC 421 3 AKS,J & RRN,J WP No.23095 of 2016 & batch employee is entitled only for financial upgradation of pay to the next grade pay but not to the grade pay of the next promotional post. Learned counsel for the petitioners has further contended that in view of the law laid down by the Hon'ble Supreme Court in M.V. Mohanan Nair's case (supra), all the Writ Petitions are deserved to be allowed.
6. Learned Counsel appearing for the respondent has contended that all the O.As. were allowed by the Tribunal subject to the outcome of the SLP, which was pending before the Hon'ble Apex Court. Now, the Hon'ble Apex Court has already adjudicated the matter against the respondent and, therefore, appropriate orders may be passed in accordance with law.
7. This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that the view taken by the Tribunal is contrary to the law laid down by the Hon'ble Supreme Court in M.V. Mohanan Nair's case (supra) and therefore, following the said decision of the Hon'ble Apex Court, all the Writ Petitions are deserved to be allowed.
4 AKS,J & RRN,J WP No.23095 of 2016 & batch
8. Accordingly, all the Writ Petitions are allowed by setting aside the orders passed by the Tribunal in O.A.No.583 of 2014 dt.08.07.2016 in W.P.No.18516 of 2017, O.A. No.702 of 2014 dt.14.10.2015 in W.P.No.34461 of 2016, O.A. No.1127 of 2014 dt.10.03.2016 in W.P.No.507 of 2017, O.A. No.91 of 2015 dt.18.03.2016 in W.P.No.787 of 2017, O.A.No.642 of 2014 dt.08.07.2016 in W.P.No.5791 of 2017, O.A. No.92 of 2015 dt.18.03.2016 in W.P.No.664 of 2017, O.A.No.1130 of 2014 dt.10.03.2016 in W.P.No.788 of 2017, O.A.No.1125 of 2014 dt.10.03.2016 in W.P.No.801 of 2017, O.A.No.852 of 2015 dt.01.06.2016 in W.P.No.1375 of 2017, O.A.No.638 of 2014 dt.16.10.2015 in W.P.No.36422 of 2016, O.A.No.1107 of 2014 dt.18.09.2014 in W.P.No.42124 of 2016, O.A.No.639 of 2014, dt.16.10.2015 in W.P.No.5150 of 2017, O.A.No.1129 of 2014, dt.10.03.2016 in W.P.No.46378 of 2016, O.A.No.93 of 2015 dt.18.03.2016 in W.P.No.46762 of 2016, O.A.No.1126 of 2014, dt.10.03.2016 in W.P.No.46800 of 2016, O.A.No.1132 of 2014, dt.10.03.2016 in W.P.No.163 of 2017, O.A.No.1128 of 2014, dt.10.03.2016 in W.P.No.191 of 2017, O.A.No.731 of 2014, dt.08.07.2016 in W.P.No.18524 and O.A.No.706 of 2014, dt.14.10.2015 in W.P.No.23095 of 2016. No costs.
5 AKS,J & RRN,J WP No.23095 of 2016 & batch
9. Miscellaneous petitions, if any, pending shall stand closed.
_______________________________________ JUSTICE ABHINAND KUMAR SHAVILI _____________________________________________ JUSTICE NAMAVARAPU RAJESHWAR RAO Date: 06.07.2023 BDR/PRV