Delhi High Court
Govt. Of N.C.T. Of Delhi & Ors. vs Dhanpat Rai on 21 January, 2010
Author: Mool Chand Garg
Bench: Anil Kumar, Mool Chand Garg
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C.) No.413/2010
% Date of Decision: 21.01.2010
GOVT. OF N.C.T. OF DELHI & ORS. .... Petitioners
Through Mrs. Avnish Ahlawat, Advocate
Versus
DHANPAT RAI .... Respondent
Through None.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE MOOL CHAND GARG
1. Whether reporters of Local papers may be Yes
allowed to see the judgment?
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported in No
the Digest?
MOOL CHAND GARG, J.
*
1. The petitioners in the present writ petition are aggrieved by the order passed by the Central Administrative Tribunal (for short "the Tribunal) dated 25.02.2009 whereby the Tribunal set asided the order passed by the petitioners dated 11.07.2008 withdrawing higher pay scales granted to the respondents at the time of the second upgradation of pay. The petitioners had approached the Tribunal also by filing a Review Application No. 115/2009 subsequently, which also stands dismissed by the Tribunal vide order dated 10.08.2009. W.P.(C.) No. 413/2010 Page 1 of 7
2. The controversy which arose in this matter pertains to grant of ACP to the respondent who had worked with the petitioners for more than a period of 24 years but was not granted promotion. He was granted first upgradation in the pay scale of Rs. 5000-8000 and the second upgradation in the pay scale of Rs.6500-10500 also w.e.f. 09.08.1999 vide order dated 13.04.2004.
3. It is the case of the petitioners that the respondent was to be granted first financial upgradation only in the pay scale of 4000-6000/- and the second financial upgradation should have been in the pay scale of Rs. 5000-8000/- and, therefore, there was an error committed by the petitioners in upgrading the pay of the respondent. Therefore, they decided to review the cases and lowered the pay scale of the respondent and reduced the pay scale of the respondent from Rs. 6500-10500/- to Rs. 5000-8000/- w.e.f. 15.05.2000 and it was ordered to make recovery of the excess amount paid to the respondent under wrong fixation of the pay scales. The review was justified on the ground that the applicant was not having requisite qualification for the first upgradation to the pay scale of Rs.5000-8000 and therefore he was also not entitled for the second upgradation to the pay scale of Rs.6500-10500.
4. Aggrieved by the aforesaid order, the respondent along with other applicants filed OA No. 1854/2008 challenging the order dated W.P.(C.) No. 413/2010 Page 2 of 7 11.07.2008. The said OA was allowed by the Principal Bench of the Central Administrative Tribunal vide common order dated 25.02.2009.
5. The Tribunal while granting relief to the respondent observed as follows:
The applicants were appointed as Workshop Attendants (WSA) on various dates between 1973 and 979 in Polytechnics under the control of the Respondents. They are group 'C' employees and are technical persons possessing qualification of Matriculation in Science with ITI Course. During their entire career, the Applicants did not get any promotion. The Government of India introduced the ACP Scheme, which provided two financial upgradations after 12 and 24 years' of service to those who had not got any promotion in their career although they were eligible for promotion as per the Recruitment Rules (RRs). Since the Applicants had not got any promotion during their regular service of more than 24 years from the dates of their respective appointments, they became entitled for the aforementioned two upgradations under the ACP Scheme. The Applicants were granted two upgradations by the same order dated 13.04.2004 with effect from 09.08.1999, when the ACP Scheme, initiated by the Government of India and adopted by the Government of NCT of Delhi became operative. The Applicants are at serial numbers 13, 14 and 16 of the order dated 13.04.2004. Their scale of pay at the time of grant of upgradations was Rs. 3050- 4500/- They were granted the first upgradation in the scale of Rs. 5000-8000/- and second upgradation in the scale of Rs. 6500-10500/- with effect from 09.08.1999. It is not disputed that the WSAs with the educational qualification of Matriculation with Science are eligible for promotion as Lab. Assistant in the pay scale of Rs. 4000-6000/- . Those WSAs who have matriculation with Science plus qualification of ITI Course would be promoted as Workshop Instructor (WSI) in the pay scale of Rs. 5000-8000/-. The WSI would then be eligible for promotion to the higher post in the hierarchy in the scale of Rs. 6500-10500/-.W.P.(C.) No. 413/2010 Page 3 of 7
9. The promotional post of WSAs in different scales are not in ascending order with varying requirement of length of service in the present grade.
For example it is not the case here that the Applicants would be eligible for promotion to the grade of Rs. 4000-6000/- say hypothetically after five years and to the grade of Rs. 5000-8000/-
hypothetically after ten years and so on. IN such cases, the first upgradation would be in the scale of Rs. 4000-6000/- and the second would in the scale of Rs. 5000-8000/- as per clarification to Point of Doubt No. 42, adverted to above. However, in the instant case employees who have only the educational qualification of Matriculation with Science would only be eligible for promotion to the grade of Rs. 4000-6000/-. They would not be eligible at all for promotion to the grade of WSI in the scale of RS. 5000-8000/-. It becomes clear from perusal of order dated 13.04.2004 in which the WSAs/Lab. Attendants have been given first and second upgradations in the scale of Rs. 4000-6000/- and Rs. 4500-7000/- whereas the WSAs from serial number 9 to 18, including the Applicants including respondent herein, have been upgraded in the scale of Rs. 5000-8000/- and Rs. 6500-10500/- in the first and second upgradation respectively.
10. We are entirely in agreement with the arguments on behalf of the Applicants. The normal channel of promotion for WSIs with educational qualification of Matriculation in Science with ITI qualification who are in the scale of Rs. 3050-4590/- is in the scale of Rs. 5000-8000/- and Rs. 6500-
10500/-. Those WSAs who do not have these qualifications would not be entitled for promotion to these scales ever. A reading of clarification to Point of Doubt No. 42 would show that it would have no application in the instant case because promotion to these grades is not on the basis of varying requirements of length of service.
11. On the basis of above discussion, we find substantial merit in the OAs, which are accordingly allowed. The impugned order dated 11.07.2008 is quashed only to the extent it relates to the applicants. The Applicants would be given arrears of pay and benefit of increments in higher scale, if accrued as early as possible but before two months from the date of receipt of certified copy of this order. There will be no order as to costs.
W.P.(C.) No. 413/2010 Page 4 of 7
6. From the aforesaid, it is apparent that the financial upgradation was granted to the respondent only because, he was having the necessary educational qualification entitling him to the pay scale of Rs.5000-8000 and the pay scale of Rs.6500-10500. It was specifically noted by the Tribunal that the respondent herein had the qualification of matriculation in Science with ITI and, thus, was eligible for appointed as WSI and, therefore, there was nothing wrong in granting him the pay scale of Rs. 5000-8000/- which was eligible for such available candidates.
7. The basic contention raised by the petitioners is that in the present case the respondent was originally appointed as Lab Attendant in the pay scale of Rs. 3050-4590/- and was not entitled to upgradation of pay in the pay scale of Rs. 5000-8000/- w.e.f. 09.08.1999 and consequently he was also not entitled to the second upgradation in the pay scale of Rs. 6500-10500/- only because he was not having the requisite qualification for the purpose of upgrading his pay in the pay scale of Rs. 5000-8000/- while granting him first upgradation.
8. However, this fact is not factually correct. In the counter filed by the respondents to the OA in question, the petitioners took the following stand in paragraph 5.4 of the reply which reads as under:
5.4 That it is admitted to extent that as per ACP Scheme, the applicants were entitled for two W.P.(C.) No. 413/2010 Page 5 of 7 financial upgradations in the pay scale of Rs. 4000-
6000/- and Rs. 5000-8000/- instead of Rs. 5000- 8000/- and Rs. 6500-10500/-. Thus in view of the facts that the post of Lab Attendant on which applicant is working carries multiple channel of promotions i.e. to the post of Lab Assistant (Rs. 4000-6000/-) and Workshop Instructor (Rs. 5000- 8000/-). A WSA/ Lab Attendant having qualification matric with science is eligible for promotion to the post of Lab Assistant and similarly if posses ITI certificate course he can also eligible for Workshop Instructor. Here it is relevant to mention that the feeder posts of Workshop Instructor is Workshop Attendant/Lab Attendant. It is clearly evident that a WSA/Lab Attendant if posses the requisite qualification can be promoted to either of the posts i.e. Lab Assistant and WSI. In view of the submission herein read with clarification no. 42 as elaborated in the above para, applicant who is matric with science is eligible for 1st financial upgradation in the scale of Rs. 4000-6000/- and 2nd financial upgradation in the scale of Rs. 5000-8000/- under the ACP scheme. It is because of the fact that the applicant posses ITI certificate he has been granted 2nd financial I the scale of Rs. 5000-8000/- otherwise he would be entitled for 2nd financial upgradaiton in the scale of Rs. 4500- 7000/-
9. This goes to show that the respondent who was appointed at the post of Lab Attendant had the qualification of matric with Science and, thus, was entitled to be promoted for the post of Workshop Instructor. It was specifically observed that the feeder post of Workshop Instructor is Workshop Attendant/ Lab Attendant. Thus, it was found that the upgradation of pay scale even for a person who was appointed as a Lab Attendant but who had the requisite qualification was in order. It is for that reason the Review Application filed by the petitioners was also dismissed.
W.P.(C.) No. 413/2010 Page 6 of 7
10. We have ourselves verified the records and find that the stand of the petitioners that the respondent was not having requisite qualification is contrary to the record and their own stand taken in the counter affidavit in paragraph 4 of the brief facts as well as in paragraph 5.4 of the parawise reply as quoted above. Accordingly, we do not find any merit in the writ petition filed on behalf of the petitioners or any other reason to interfere in the order passed by the Tribunal while exercising our powers under Article 226 of the Constitution of India. The writ petition is therefore, dismissed.
MOOL CHAND GARG, J.
JANUARY 21, 2010 ANIL KUMAR, J.
ag
W.P.(C.) No. 413/2010 Page 7 of 7