Central Administrative Tribunal - Chandigarh
Ram Saran Verma Son Of Shri Lalman vs Union Of India Through Secretary To The ... on 30 April, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Order reserved on: 21.04.2014 ORIGINAL APPLICATION NO. 478-HP of 2013 Chandigarh, this the 30th day of April, 2014 CORAM: HONBLE MS. RAJWANT SANDHU, MEMBER (A) HONBLE DR. BRAHM A. AGRAWAL, MEMBER (J) 1. Ram Saran Verma son of Shri Lalman, Senior Auditor (Retd.), A/C NO. 8329174, resident of Village Patt, Post Office Chobin, Tehsil Baijnath, District Kangra (H.P.). 2. Gian Chand Sharma son of Shri Param Ram, Senior Auditor (Retd.), A/C No. 8327764, resident of Village Beri, Post Office Bhukkar, Tehsil Bhoranj, District Hamirpur (H.P.). 3. Devinder Kumar son of Shri Jagat Ram, Senior Auditor (Retd.), A/C No. 8327721, resident of Village Bhagwani, Post Office Putrial, Tehsil Nadaun, District Hamirpur. 4. Gurdas Ram son of Shri Tulsi Ram, Senior Auditor (Retd.), resident of House No. C-37, Gali No. 3, Jhujhar Nagar, Post Office Behlolpur, Tehsil and Distt. Mohali. APPLICANTS BY ADVOCATE: SHRI R.K. SHARMA VERSUS 1. Union of India through Secretary to the Government of India, Ministry of Defence, New Delhi. 2. Secretary to the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi. 3. Controller General of Defence Accounts, New Delhi. 4. Principal Controller of Defence Accounts, Western Command, Chandimandir. 5. Principal Controller of Defence Accounts, Meerut Cantt. RESPONDENTS BY ADVOCATE: SHRI DEEPAK AGNIHOTRI ORDER
HONBLE DR. BRAHM A. AGRAWAL, MEMBER(J):-
The applicants, four in number, initially joined as Clerks in the pre-revised pay-scale of Rs. 510-800/- in the erstwhile Beas Construction Board on different dates between 1969 and 1973 and after having been rendered surplus they were redeployed in the Ministry of Defence under the PCDA Western Command/PCDA Meerut Cantt. They have since retired on superannuation between 2009 and 2012.
2. The applicants are aggrieved because of the impugned orders (Annexures A-1 to A-4), whereby their demand for grant of second financial upgradation under the MACPS on completion of 24 years of regular service, in the grade pay of Rs. 6600/- has been rejected. The claim of the applicants is based on paragraph 27(ii) of the FAQs on MACPS clarified by the respondent no.2 and circulated by the respondent no. 1 on 31.07.2012 (Annexure A-7).
3. The respondents contend that the aforesaid paragraph is meant for only those employees who were recruited in the pay-scale of Rs. 5000-8000/- and completed 24 years of service between 01.01.2006 and 31.08.2008. The applicants are not covered under the said paragraph. They were aleady granted 1st ACP in the pay-scale of Rs. 6500-10500/- w.e.f. 09.08.1999 and 2nd ACP in the pay-scale of Rs. 7450-11500/- pursuant to the Order of this Tribunal dated 23.11.2010 in O.A. No. 356-HP-2010. On revision of pay-scales w.e.f. 1.1.2006 they were granted grade pay of Rs. 4800/- w.e.f. 01.01.2006 and subsequently on introduction of the MACPS w.e.f. 01.09.2008, the applicants were granted 3rd MACP with grade pay of Rs. 5400/- w.e.f. 01.09.2008.
4. We have heard the learned counsel for the parties, perused the pleadings and given our thoughtful consideration to the entire matter.
5. The aforesaid paragraph 27 (ii) reads as under:
What would be 2nd financial upgradation for employee recruited in 5000-8000, who has completed 24 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008) Since the pre-revised pay scales Rs. 6500-10500 & Rs. 7450-11500 have been merged and placed in PB-2 with grade pay of Rs. 4600, 2nd financial upgradation would be allowed in the grade pay of Rs. 6600, subject to fulfillment of promotional norms (after framing of RRs post merger) as stipulated in condition no.6 of AnnexureI ACPS dated 9.8.1999, in terms of clarification given on point of doubt no. 1 of ACPS dated 10.02.2000.
6. We feel that the instant O.A. is required to be disposed of with the direction to the respondent no.1 to reconsider the claim of the applicants in consultation with the respondent no.2. This exercise shall be done within three months from the date of receipt of a copy of this Order.
7. The O.A. is disposed of accordingly. No order as to costs.
(DR. BRAHM A. AGRAWAL)
MEMBER(J)
(RAJWANT SANDHU)
MEMBER(A)
Dated: .04.2014
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1st
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(OA No. 478-HP-2013)