Central Administrative Tribunal - Jabalpur
Surendra Kumar Singh vs Others on 14 December, 2023
1 OA No.200/109/2012
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/109/2012
Jabalpur, this Thursday, the 14th day of December, 2023
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Surendra Kumar Singh, S/o Shri Anant Kumar Singh, Date of birth
1.5.1960, R/o A-11, Sahkari Parisar, Kalpna Nagar, Raisen Road, Bhopal
(MP) 462012 -Applicant
(By Advocate - Shri Devanshu Nandy)
Versus
1. Union of India through its Secretary, Ministry of Archeological Survey of
India, Janpath, New Delhi - 110001.
2. Director General, Archeological Survey of India, Government of India,
Janpath, New Delhi - 110001.
3. The Superintendent, Archeologist, Archeological Survey of India, Bhopal
Circle, Bhopal (MP) 462012 -Respondents
(By Advocate - Shri S.S. Chauhan)
(Date of reserving order 01.11.2023)
ORDER
By Akhil Kumar Srivastava, JM.-
The applicant is aggrieved by the order dated 24.10.2011 (Annexure A-1), whereby the pay scale of Rs.4000-6000 under the ACP scheme has been denied to the applicant.
Page 1 of 6 2 OA No.200/109/2012
2. Brief facts of the case are that the applicant was appointed as Wireman in the year 1987 with the respondent department. The post of Wireman was carrying the pay scale of Rs.950-1530/-, which was subsequently revised pursuant to acceptance of the recommendations of the 5th CPC as Rs.3050- 4590/-.
2.1 The Department of Personnel & Training (DoP&T) vide its Office Memorandum dated 09.08.1999 had introduced Assured Career Progression (ACP) scheme under two financial upgradations at the intervals of 12 years and 24 years respectively were granted to an employee stagnating in a particular pay scale for a long period.
2.2 The applicant, who was initially appointed as Wireman in the year 1987 in the pay scale of Rs.950-1530, which was subsequently revised as Rs.3050- 4590/- was entitled to get the benefit of financial upgradation under 1st ACP in the next promotional grade of Wireman carrying the pay scale of Rs.4000- 6000/- after completion of 12 years regular service on 09.08.1999. However, the respondents have granted the applicant first upgradation in the pay scale of Rs.3200-4900/- (Annexure A-3).
Page 2 of 6 3 OA No.200/109/2012 2.3 The applicant submits that his pay has wrongly been fixed under the ACP scheme and granted an inferior pay scale than his entitlement. The applicant's cadre was changed to the post of Caretaker on his own request. The cadre of Caretaker was merged with the cadre of Foreman, wherein the next hierarchy is Conversion Assistant in the pay scale of Rs.4000-6000/-. The applicant submitted series of representations stating that at the particular time, he was holding the post of Wireman in the pay scale of Rs.3050-4590/- and, therefore, he was entitled to next pay scale under the financial upgradation to that of Electrician carrying the pay scale of Rs.4000-6000/-. 2.4 In the Archeological Survey of India, the post of Wireman has been indicated as an isolated post. The applicant has referred the guidelines of DoP&T dated 10.02.2000 (Annexure A-5), wherein the situation and criteria for grant of higher pay scale for an isolated post has been dealt with. 2.5 The applicant has also pointed out that the persons holding similar posts in different Ministries and Departments have been given 1st ACP in the pay scale of Rs.4000-6000/- of the post of Electrician. But the applicant has been granted an inferior pay scale under the ACP scheme.
Page 3 of 6 4 OA No.200/109/2012
3. In their reply, the respondents have stated that as per the ACP scheme, it was clearly mentioned that the employee holding the post which carries the promotion channel shall be given the pay scale available at the time of next promotion, whereas the employee holding and isolated post shall be given the next pay scale at the time of grant of ACP. The applicant was also granted the benefit of ACP scheme in the year 2000 and his pay was accordingly fixed to Rs.3200-4900/-. All the representations received from the applicant were duly considered by the competent authority, which had not agreed to upgradation of his pay to the pay scale of Rs.4000-6000/-.
4. Heard learned counsel for the parties and perused the pleadings and the documents available on record.
5. Learned counsel for the applicant placed reliance on a judgment of Hon'ble Supreme Court in the case of M.R. Gupta vs. Union of India and others, (1995) 5 SCC 628, wherein it has been held that a continuing wrong gives rise to a recurring cause of action every month on the occasion of payment of salary and such application to the extent of proper pay fixation is not time barred. He had also relied upon a decision of Principal Bench of this Tribunal in OA No.2536/2008 decided on 19.05.2009 to say that the present Original Application is squarely covered by that order. Page 4 of 6 5 OA No.200/109/2012
6. We have considered the rival contentions of the parties.
7. It is not in dispute that the post of Wireman is an isolated post and does not have promotional avenue. The DoP&T vide its OM dated 10.02.2000 (Annexure A-5) issued clarification that ACP scheme should strictly be implemented in keeping with DoP&T Memo dated 9.8.1999 read with clarifications issued on doubts and further added that cases where the ACP scheme had already been implemented must be revised/rectified if the same were not in accordance with the scheme/clarification. But, applying the rationality of clarification on doubt 10 of the said OM dated 10.02.2000, for the isolated posts, the scales of pay for ACPs shall be in the same as those applicable for similar posts in the same Ministry/Department/Cadre except where the Pay Commission has recommended specific pay scales for mobility under ACPs. Such Specific cases may be examined by respective Ministries/Departments in consultation with the DoP&T. What we find that the letter dated 13.02.2004 (Annexure A-9) written by the respondent No.3 to the Deputy Director Accounts, Archaeological Survey of India, New Delhi has neither been referred to the concerned Ministry, i.e. DoP&T nor any clarification issued in this regard. In any case, the Principal Bench of this Tribunal has already considered and decided the issue that an isolated post is a Page 5 of 6 6 OA No.200/109/2012 stand alone post, having neither feeder grade nor promotional grade and, as such, a post having no promotional grade but having a feeder grade and vice- versa shall not be treated as isolated post for the purpose of ACPs. Hence, we are of the considered view that the applicant is entitled to get the pay scales of Rs.4000-6000 under the financial upgradation ACP scheme from the respective date he is eligible to get. The applicant shall also be granted the arrears from three years prior to the date of filing this Original Application, which is 02.02.2012.
8. In the result, the impugned orders dated 23.08.2010 and 24.10.2011 are quashed and set aside and the Original Application is allowed in above terms. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
Page 6 of 6