Supreme Court - Daily Orders
Union Of India vs N.M. Raut on 28 February, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
1
ITEM NO.32 COURT NO.7 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8015/2022
(Arising out of impugned final judgment and order dated 30-04-2020
in MP No. 6012/2018 passed by the High Court of M.P. Principal Seat
at Jabalpur)
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
N.M. RAUT & ORS. Respondent(s)
(IA No. 64017/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
WITH
SLP(C) No. 11207-11208/2022 (IV-C)
(IA No. 88492/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 10693-10694/2022 (IV-C)
(IA No. 85291/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 10457-10458/2022 (IV-C)
(IA No. 83576/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 11342-11343/2022 (IV-C)
(FOR ADMISSION
IA No. 135770/2022 - APPLICATION FOR TAGGING/DETAGGING
IA No. 89976/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
SLP(C) No. 10475-10476/2022 (IV-C)
(IA No. 134813/2022 - APPLICATION FOR TAGGING/DETAGGING
IA No. 83714/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 197547/2022 - INTERVENTION APPLICATION IA No. 169857/2022 - INTERVENTION/IMPLEADMENT) Signature Not Verified SLP(C) No. 10642-10643/2022 (IV-C) Digitally signed by BABITA PANDEY Date: 2023.03.01 (IA No. 201469/2022 - INTERVENTION APPLICATION 17:10:17 IST Reason:
IA No. 201471/2022 - INTERVENTION APPLICATION) SLP(C) No. 10272-10273/2022 (IV-C) (IA No. 134821/2022 - APPLICATION FOR TAGGING/DETAGGING 2 IA No. 81349/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 11119-11120/2022 (IV-C) (IA No. 87672/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 12354-12355/2022 (IV-C) (IA No. 94986/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 15188-15189/2022 (IV-C) (IA No. 106605/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 2557/2023 (IV-C) (IA No. 14238/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 2995/2023 (IV-C) (FOR ADMISSION and I.R. and IA No.19672/2023-CONDONATION OF DELAY IN FILING) Date : 28-02-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Balbir Singh, A.S.G. Mr. Chinmayee Chandra, Adv.
Mr. Siddhant Kohli, Adv.
Mr. Shyam Gopal, Adv.
Mr. Arvind Kumar Sharma, AOR Ms. Aishwarya Bhati, A.S.G. Ms. Madhvi Divan, A.S.G. Mr. R. Bala, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR Mr. Santosh Kumar, Adv.
Mr. Annirudh Sharma Ii, Adv.
Ms. Ruchi Kohli, Adv.
Mr. Amit Sharma (b), Adv.
Ms. Nidhi Khanna, Adv.
Ms. Vimla Sinha, Adv.
Ms. Aakansha Kaul, Adv.3
For Respondent(s) Mr. Dhananjay Bharage, Adv.
Mr. Adith Nair, Adv.
Mr. Vikas Mehta, AOR Mr. Pratik R. Bombarde, AOR Mr. Abhishek Kumar, Adv.
Mr. Dharama Datta Verma, Adv.
Mr. Ajit Kumar Sinha, Sr. Adv.
Ms. Anuradha Mishra, Adv.
Mr. Saurabh Tripathi, Adv.
Ms. Abha Goel, Adv.
Mr. Mayank Kshirsagar, AOR Mr. Arjun Garg, AOR Mr. Aakash Nandolia, Adv.
Ms. Sagun Srivastava, Adv.
Mr. Samir Malik, AOR Mr. Rajat Joseph, AOR Mr. Ankur Chhibber, Adv.
Mr. Hrishikesh Chitaley, Adv.
Mr. Vijay Kari Singh, Adv.
Mr. Chandra Prakash, AOR Mr. A Velan, AOR Ms. Navpreet Kaur, Adv.
Mr. Aditya Raj Singh, Adv.
Mr. Mritunjay Pathak, Adv.
UPON hearing the counsel, the Court made the following O R D E R During the course of hearing, facts as alleged by the respondent(s) require a response/reply affidavit by the appellant - Union of India on the following aspects:
(a) Non-Functional Upgradation (NFU) in terms of Clause-x, vide Resolution dated 29.08.2008, it is stated by the respondent(s) is to rectify an anomaly as the Central Civil Services (Revised Pay) Rules, 2008 (for short, ‘Revised Pay Rules’) applicable with effect from 01.01.2006, had created two 4 classes of employees at the same post, namely, ‘direct recruits’ who were given benefit of Grade Pay of Rs. 5400/- in Pay Band-3, and the ‘promotees’ who were given replacement pay scale of Rs.5400/- in Pay Band-2. This anomaly was not accepted/appreciated in several decisions and was struck down as discriminatory and violative of Article 14 of the Constitution of India. These decisions have been accepted by this Court. The Madras High Court in W.P. No. 19024 of 2014 & M.P. No.1 of 2014, decided on 08.12.2014, titled “R. Chandrasekaran v. The Central Administrative Tribunal, Madras Bench and Ors.”, 2014 SCC OnLine Mad 9003, is one such judgment, which judgment was initially accepted and implemented by the appellant - Union of India.
(b) In some cases, the respondent(s) were given the benefit of one promotion or one financial upgradation under the Assured Career Progression (ACP) scheme on completion of 24 years of service prior to 01.09.2008 i.e. the date on which the Modified Assured Career Progression (“MACP”) scheme came into force. Such employees were entitled to the replacement pay scale in terms of the Revised Pay Rules applicable with effect from 01.01.2006. The revised pay scales applicable to them in terms of the judgments mentioned above, as well as, the Resolution dated 29.08.2008, which was issued three days before the MACP scheme was enforced with effect from 01.09.2008, is the reason that these employees have been granted benefit of Grade Pay of Rs.5400/- in Pay Band-3.
Consequently, such employees would be entitled to the benefit 5 of 3rd financial upgradation on completion of thirty years of service under the MACP Scheme in the next grade pay, which in their case would be Rs.6600/-.
Affidavit clarifying the facts and the assertions made by the respondent(s) will be filed by the appellant - Union of India within a period of fifteen days from today. The respondents would also file a chart setting-forth the factual matrix in each case; (i) the date of regular appointment,
(ii) date of first promotion or grant of ACP, (iii) the date of second promotion or grant of ACP/MACP, and (iv) the date of grant of third promotion or grant of MACP. The date(s) on which they were granted NFU would also be stated. The chart will indicate the pay scales they were paid on promotion or grant of ACP and the equivalent/replacement pay scale applicable as per the Revised Pay Rules applicable with effect from 01.01.2006. Grade Pay payable on grant of NFU will be stated. Chart will be filed within 10 days. Re-list on a non-miscellaneous day in the last week of March, 2023.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)