Central Administrative Tribunal - Allahabad
Lakhan Singh vs M/O Defence on 30 January, 2024
O.A./688/2014
(Reserved on 25.01.2024)
Central Administrative Tribunal, Allahabad
***
Original Application No.688 of 2014
th
Pronounced on this the 30 Day of January, 2024.
Hon'ble Mr. Justice Rajiv Joshi, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Lakhan Singh T C M, Ticket No 2009 Posted in group Office PC & P
Central Ordnance Depot Agra 282009, S/O Sri Shiv Lal R/O 11C/26
Indra Nagar Near C Block, Trans Yamuna Colony Rambagh, Agra.
...........Applicant
By Advocate: Shri P.K. Srivastava
Versus
1. Union of India through its Chief of Army Staff, Army Head
Quarter, New Delhi.
2. Director General of Ordnance Services Master General Ordnance
Branch Integrated Head Quarter of MoD (Army) DHQ P. O New
Delhi 110011
3. Administrative Officer for Commandant, Central Ordnance Depot
District- Agra 282009.
4. Commandant, Central Ordnance Depot, Agra.
5. L. A. O. (S) Central Ordnance Depot Agra 282009.
...Respondents
By Advocate: Shri R.K. Srivastava
ORDER
By Hon'ble Mr. Mohan Pyare, Member (A) Present Original Application has been filed by the applicant seeking the following reliefs:
"1. To issue an order or direction in the nature of certiorari quashing the impugned order dated 24th February 2014 passed by the Respondent no 3 Administrative Officer for Commandant Central Ordinance Depot, District Agra 282009 by which respondent no 3 wrongly rejected the claim of applicant for providing benefit of IInd ACP after Page 1 of 9 O.A./688/2014 completion of 20 years of his service in the next higher pay scale of Rs.5500-9000 which is the next promotion of TCM as Chargeman Grade I (Annexure No A-1 to this Original application).
2. To issue an order or direction in the nature of mandamus directing the respondents to provide the benefit of IInd ACP after completion of 20 years of his service in the next higher pay scale of Rs. 5500-9000 which is the next promotion of TCM as Chargeman Grade I.
3. To pass such other and further order or direction as this Hon'ble Court may deem fit and proper under the present circumstance of the case.
4. Allow the application of the applicant."
2. A brief summary of the facts is that the applicant was appointed in Group Office PC & P Central Ordnance Depot Agra on 05.02.1990 in the pay scale of Rs. 1320-2040 revised to Rs. 4000-6000/- in 5th pay commission. Thereafter, in April, 2002, the applicant was given the post of MCM in pay scale of Rs.4500-7000 (revised Rs 5000-8000) by then Commandant, Central ordnance Depot Agra after qualifying trade test of MCM, before due date of his second ACP i.e. on 5th February 2010. Aggrieved with not being granted the benefit of MACP Scheme after completion of 20 years of service on 05.02.2010, the applicant gave representations dated 01.09.2011 and 11.09.2013 to the Commandant Central Ordnance Depot Agra. Subsequently, aggrieved with the act of the respondents of not providing the benefit of IInd Financial upgradation after completion of 20 years of service, the applicant filed an original application no 1354 of 2013 which was disposed of with the direction to respondent No.2 to decide the representation of the applicant dated 11.09.2013. In view of the judgment dated 09.01.2014 passed by this Tribunal in Original Application No. 1354 of 2013 (Lakhan Singh Versus Union of India and others), respondent No.3 passed the impugned order dated 24.02.2014 rejecting the claim of the applicant.
Page 2 of 9O.A./688/2014
3. We have heard learned counsel appearing for the parties.
4. Submission of learned counsel for the applicant is that MCM post was awarded on account of an individual's performance and efficiency with a view to encourage further performance and efficiency and awarding MCM is not counted as a promotion. He states that it is clarified in Gazette of India- February 18, 2006 that subject to variation dependent on work load 25% of Highly skilled Posts will be placed in Master Crafts Man grade and that Post of Master Craftsman will be personal to individual and not considered as promotion post. He further states that not only in the Gazette of India- February 18, 2006, the Executive Engineer D.D. EME (Civil) for D G EME Directorate General of EME master General of Ordnance Br. Army Head Quarters DHQ P.O. New Delhi vide Head Office letter no B/15198/ACP Gen/EME Civ.- 2 dated 26th July 2006 clarified regarding Fixation of pay of MCM on grant of financial upgradation under ACP Scheme that the case was processed with full justification to MoD but they have clearly said that Clarification No 2 issued by DOP & T vide OM No 35034/1/97-Estt9d) Vol IV dated 10.2.2000 stipulates that employees who have been allowed selection grade/ in situ grade promotions though those grades are not a part of defined hierarchy and shall not be counted as promotion for the purpose of ACP. He states that as per the terms of ACP Scheme, the applicant was given the benefit of Ist ACP w.e.f. 5.02.2002 after completion of 12 years of service. Then, the Government of India Ministry of Personnel Public Grievances and Pensions Department of Personnel and Training, New Delhi issued an office Memorandum regarding Modified Assured Career Progression Scheme (MACPS) for Central Government Civilian Employees on recommendation of Sixth Pay Commission with the provision to grant three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service. The applicant completed 20 years of service on 05.02.2010 and he was entitled for the benefit of 2nd MACP on that date but the respondents rejected the claim of the applicant stating that now MCM is considered as promotion Page 3 of 9 O.A./688/2014 w.e.f. 01.01.2006 so that II MACP was not acceptable. Learned counsel for the applicant also states that after two months from the Ist ACP, the above award of MCM was given to the applicant and if it is being considered as promotion by the respondents, then why was the applicant not given the next higher pay scale of Rs. 5500-9000. Thus, he contends that holding that MCM shall be considered as promotion w.e.f. 01.01.2006 and that II MACP to the applicant was not acceptable for this reason is absolutely illegal and unjust.
5. Submission of learned counsel for the respondents is that the applicant was initially appointed as TCM (Highly Skilled) w.e.f. 06.02.1990 in the pay scale of Rs. 1320-30-1560-EB-40-2040 bearing Ticket No. 2009 in COD, Agra. The pay of TCM was revised to the pay scale of Rs. 4,000-6,000 in accordance with Vth Pay Commission w.e.f. 01.01.1996. The first financial up-gradation under ACP Scheme was granted to the applicant after completion of 12 years of service w.e.f. 06.02.2002 in the pay scale of Rs.4,500-7,000 and the applicant was elevated as Master Craftsman (MCM) w.e.f. 01.04.2002 in the pay scale of Rs. 4,500-7000 hence pay fixation was not required as the same was being drawn by the applicant w.e.f. 06.02.2002. He further states that the pay of the applicant was fixed as Rs.10,980/- + Rs.4,200/- in the pay band PB-2 Rs. 9,300-34,800 w.e.f. 01.01.2006 under RPR 2008. The applicant was eligible for restructuring of pay on promotion of MCM in the pay band PB-2 Rs. 4,200 in the pay band PB-3 Rs. 9,300-34,800-4200 Grade Pay w.e.f. 01.01.2006 in accordance with the Government of India, Ministry of Defence OM No. 11(5)/2009-D(Civ-1) dated 14.06.2010. On completion of 20 years of regular service, the documents of the applicant was forwarded to LAO(S) COD, Agra for fixation of Pay on grant of IInd Financial upgradation under MACP Scheme, but the case of the applicant was returned by LAO(S) COD, Agra stating that now MCM is considered as promotion w.e.f. 01.01.2006 and IInd MACP was not applicable to the applicant. However, the case of the applicant was referred to Page 4 of 9 O.A./688/2014 IHQ, Ministry of Defence (Army) for clarification. In turn, IHQ, Ministry of Defence (Army) clarified that the placement of Highly Skilled Grade as MCM prior to 01.01.2006 is to be treated as one promotion for the purpose of MACP benefits.
6. In his rejoinder to the arguments of the respondents, learned counsel for the applicant further submits that Ministry of Defence vide the clarification order clarified by the Secretary of MoD I.P No 11(5)2009-D (Civ-I) dated 6th February 2014 also reconsidered and 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 upto 31.12.2005 under ACPs may be considered for further financial up gradations, if due, in the next grade pay Rs. 4600/- in hierarchy of Grade Pays."
7. Learned counsel for the respondents has also called attention to the fact that 3rd MACP was granted to the applicant on 01.01.2016 as VI CPC after completion of 30 years of regular service. The pay of the applicant was fixed as Rs. 16870+ Grade Pay Rs. 4600/- in the pay scale Rs. 9300-34800/-. As per VII CPC, the pay of the applicant was again revised w.e.f. 01.01.2016 and fixed Rs. 55200/- in Pay matrix Level-7. Now, the applicant is drawing basic Pay Rs. 64,100/-. Hence, the prayer made by the applicant in the present Original Application was already granted as well as further/ next benefits was also given to him and in these circumstances, the present OA is liable to be dismissed as having become infructuous.
8. We have considered the rival submissions of learned counsel for the parties and perused the entire record.
9. While the applicant has relied on the Gazette of India- February 18, 2006, the Executive Engineer D.D. EME (Civil) for D G EME Directorate General of EME master General of Ordnance Br. Army Head Quarters DHQ P.O. New Delhi vide Head Office letter Page 5 of 9 O.A./688/2014 no B/15198/ACP Gen/EME Civ.- 2 dated 26th July 2006 and Clarification No 2 issued by DOP & T vide OM No 35034/1/97-Estt9d) Vol IV dated 10.2.2000 in support of his claim that MCM is an award and not a promotion and as such the applicant was entitled for the benefit of 2nd MACP on 05.02.2010, the respondents have relied on the Government of India, Ministry of Defence OM No. 11(5)/2009-D(Civ-1) dated 14.06.2010, para 4. (i) of which reads as under :-
"4. (i) The post of Master Craftsman shall be part of the hierarchy and the placement of Highly Craftsman of Highly Skilled Grade I in the grade of Master Crafstman will be treated as promotion."
10. Para 5 of the impugned order dated 24.02.2014 states that :-
"5. Your case was examined by IHQ of MoD(Army) New Delhi and clarified that placement of Highly Skilled Grade as MCM prior to 01 Jan 2006 is to be treated as one promotion for the purpose of MACP benefit. Hence II MACP can not be granted to you. Further you have requested to grant Grade Pay Rs. 4600/- on II financial up gradation under MACP Scheme on completion of 20 years of service on the basis of EME Directorate letter no. B/16613/MACP/EME Civ/4 dated 12 Nov 2009 by filing the OA and the same was disposed off by Hon'ble Tribunal vide judgment dated 09 Jan 2014. However it is stated that IHQ of MoD (Army) vide letter No. A/23711/Artisan staff/OS-8C(ii) dated 13 Mar 2013, has clarified that the financial up gradation under MACP Scheme and MCM wll be the same grade pay of Rs 4200/- as that of the promotional post of Charge man and the placement of Highly skilled grade as MCM prior to 01 Jan 2006 is to be treated as one promotion for the purpose of MACP benefit as stated above. Next MACP is due after 30 years of service ie which will be due on 06 Feb 2020 ie grade pay of Rs 4600/- will be fixed in the III MACP Page 6 of 9 O.A./688/2014 accordingly. Hence your case has been finally disposed off as per directions of Hon'ble Tribunal in the captioned case."
11. In the Clarification order clarified by the Secretary of MoD I.P No 11(5)2009-D (Civ-I) dated 06.02.2014, the advice in the matter is as under:
"(i) As per provisions of MACP Scheme introduced w.e.f 01.09.2008, financial upgradation is admissible in the hierarchy of Grade Pay and placement of Highly Skilled workers (GP Rs. 2400/-) as Master Craftsman (GP Rs.
4200/-) is very much considered as ladder in hierarchy of Grade Pays. Ignoring the placement of Highly Skilled as Master Craftsman (Non-Functional) will be deviating the provisions of MACPS. Hence placement of Highly Skilled workers as Master Craftsman (MCM) prior to 01.01.2006 would be offset against one upgradation for the purpose of grant of MACP benefits.
(ii) MCM being the feeder post to Chargeman and since both these posts have identical pay band and Grade Pay, financial upgradation under MACPS cannot be to a Grade Pay which is more than what is admissible in regular promotion.
(iii) Financial upgradations earned to non functional post of MCM is to be taken into account as 2nd financial upgradation in so far as MACPS is concerned.
(iv) On ground (iii) 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.
2. As for the 1(iv) above, the matter has been considered in consultation with the Defence Finance and it is further clarified that since the post of MCM was not in the hierarchy of artisan Page 7 of 9 O.A./688/2014 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.
3. This issued with the concurrence of Defence Finance vide their I.D. No.01/AC/PB dated the 5th February 2014."
12. The applicant relies on the clarification in point 2 of the above quoted order dated 06.02.2014 in support of his claim for further financial upgradation. Nonetheless, on the subject of 3rd MACP on completion of 30 years of service by such MCM (Master Craftsman) who were in the pay scale of Rs.4500-7000/- on or before 31.12.2005, the MoD vide its clarification D (Civ-I) ID No.11(05)/2009/D (Civ-I) dated 04.08.2023 has withdrawn the MoD ID No. 11(05)2009-D(Civ-I) dated 06.02.2014 and 19.10.2016 with immediate effect. Point 3 of the above clarification dated 04.08.2023 reads as under:-
3. In compliance of directions of DoP&T vide their ID Note dated 31.12.2020 &17.03.2022 and Def(Fin) advice thereon, the competent Authority in MoD has approved for the following:-
(i) MoD ID No. 11(05)2009-D(Civ-I) dated 06.02.2014 and 19.10.2016 stand withdrawn with immediate effect thereby Pay/Pension of all concerned and affected Artisan Employees may be reviewed and re-fixed. Accordingly, the same will be regulated as per DoP&T OM No. 35034/3/2008-Estt(D) dated 19.05.2009 regarding MACP for the Government Civilian employees.
(ii) Thereafter, all Administrative Divisions/Directorates/Lower Formations be directed to work out the excess payments Page 8 of 9 O.A./688/2014 (data is required to regulated/ recover excess payment) made to concerned Artisan Staff upto 31.08.2023 after review of above cases as follows....."
13. It has also been brought to our notice that the applicant has already been granted the benefit of 3rd MACP and the pay of the applicant has been revised w.e.f. 01.01.2016 and fixed as Rs.
55200/- in Pay matrix Level-7. The contention of the applicant that grant of MCM is not a promotion and hence cannot be taken as a substitute for second MACP is clearly rebutted by OM No. 11(5)/2009-D(Civ-1) dated 14.06.2010. Another argument taken by the applicant in support of his claim on the basis of MoD's clarification order I.P No 11(5)2009-D (Civ-I) dated 06.02.2014 is also rebutted by MoD's clarification D(Civ-I) ID No.11(05)/2009/D (Civ-I) dated 04.08.2023. Taking into consideration the aforesaid facts, we find no infirmity in the impugned order passed by the respondents and the O.A., being devoid of merit, is liable to be dismissed. Accordingly, the O.A. is dismissed. All associated M.As. also stand disposed of. No costs.
(Mohan Pyare) ( Justice Rajiv Joshi)
Member (A) Member (J)
Madhu
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