Central Administrative Tribunal - Delhi
Namdeo Kothiram Vaidya vs M/O Defence on 3 November, 2015
Central Administrative Tribunal
Principal Bench
New Delhi
O.A.No.1681/2015
M.A.No.3671/2015
Order Reserved on: 09.10.2015
Order pronounced on 03.11.2015
Hon'ble Shri V. Ajay Kumar, Member (J)
Hon'ble Shri P. K. Basu, Member (A)
1. Namdeo Kothiram Vaidya
2. Yogendrakumar L. Jaitwar
3. Anil P. Parmar
4. Rupreshan U. Rotke
5. Rajendrakumar C.Agrawal
6. Shreeram R. Ingle
7. Bhanudas Ramaji Samarth
8. Umashankar M. Tribhuwankar
9. Khemaraj Shankar Karenjekar
10. Sunil Narayan Dighe
11. M.R.Dongre
12. D.M.Karanjekar
OA 1681/2015
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13. Pramodkumar O. Rahangdale
14. M.A.Sakure
15. Virendrakumar Srivastava
16. Rajendra Singh Yadav
17. Krishna Chandra Pandey
18. Ramesh Chandra Papnai
19. Prakash Keshaorao Ghonge
20. Suresh Jairam Zade
21. Ramesh Baliram Sathawane
22. Ratiram Raghunath Burman
23. N.K.Nawkhare
24. S.M.Fating
25. T.D.Dahale
26. A.N.Khangar
27. V.K.Wanjari
28. Narayan R. Ujawane
29. Toharlal Nandlal Rahangdale
30. Kiran T. Dhabale
31. Waman S. Turkar
32. Bhagwandas Lariya
OA 1681/2015
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33. Ramkrishna R. Bawankar
34. Madhukar N. Dhewale
35. Pravin Shamrao Naxane
36. M.D.Kawale
37. Yashwant Laxman Katekhave
38. Ashok Sitaram Patil
39. Gyaniram U. Malewar
40. Manohar Tukaram Malewar
41. Surendrakumar M. Wanve
42. Padmakar Laxman There
43. Suresh Sadashi Kawadaskar
44. Kailas Rameshwar Bhivgade
45. Kasibhotla Lokeswara Prasad
46. Govind Tulsiram Kapgate
47. Kundlik Bapuraoji Dhage
48. Nilkanth Wasudeo Chakole
49. Rajiram Mahaguji Shendre
50. Kalpnath Ram
51. Dinesh Prasad
52. Pradeep Kumar Verma
OA 1681/2015
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53. Somendu Satyaban Sarkar
54. Shiodas Ratiram Gaidhane
55. Dilip Krishnarao Gade
56. Salimbaig S. Mirza
57. Pratap S. Ghogre
58. Dhurandhar V. Baseshankar
59. Bholanath M. Zanzad
60. Umastkar Hiralal Gajbhiye
61. Shrikrishna R. Khandednath
62. Vinod S. Gosavi
63. Manohar Prasad Pandey
64. Mitaram M. Bokade
65. V. Sridhar
66. Josyula Venu Madhava Prasad
67. Vijay R. Bhandarkar
68. Duryodhan S. Raut
69. Ravi Chokhoba Ramteke
70. Imteyaz Ahmed
71. Narayana Mayya
72. Tukaram T. Zade
OA 1681/2015
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73. Nashikrao L. Bhaisare
74. Rajendra Prasad Upadhyay
75. Manohar Z. Ishwarkar
76. Anand D. Khobragade
77. M.I.Quraishi
78. T. R. Mate
79. Abdul Hafiz A. Hamid Sheikh
80. Shashank S. Kawle
81. M.N.Thakare
82. Ramchandra Mahadeo Nakade
83. Bhushan Balchanddra Vaidya
84. Ravindra Sadashiv Shelare
85. Afzal Ahmad
86. Pundlik Anandrao Atkari
87. Sudhir P. Borkar
88. Y. G. Binzade
89. B.S.Deshmukh
90 S.A. Giripunje
91. P.M.Gangane
92. G.G.Bisen
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93. Anil M. Faye
94. M.M.Padole
95. D.M.Meshram
96. V. L.Mandekar
97. K.J.Tawele
98. E.R.Siddiqui
99. Isaac Loyal
100.Shrikrishna P. Padole
101.Sureshkumar S. Dohale
102.Pradeep Gaurishankar Kuppili
103.Deepak Sheshrao Sarpatwar
104.Mukesh Fulchand Lanjewar
105.Bapurao Sadhuji Rahangdale
106.Damodar Janba Satpute
107.Govid D. Thaokar
108.Manohar B. Kamane
109.Waman M. Dharpure
110.Jiwan Ratiram Chouhan
111.Nago Sahadeo Khobragade
112.Vithoba S. Bisen
113.Gunkumar S. Ware
114.Hetanlal D. Turkar
115.Vasant Purushottom Dakshinkar
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116.Sitaram Motiram Girhepunje
117.Purushottomdas Sunderdas Gullani
118.Pyarelal Ganpat Gawlikar
119.Bhandas Dulichand Meshram
120.Premlal Natthuji Shahare
121.S.K.Kohat
122.Shankar Daulat Sukhadeve
123.Ramnath D. Hinge
124.Pohiram Nishiram Harode
125.Vithal Pandurangji Chakole
126.Vijay Kashinath Kshirsagar
127.Gajanan Karuji Tirpude
128.Surendra Kumar
129.Mohd. Rashid Qureshi
130.Bharat Deoshankar Mehta
131.Pradeep Padmakar Abhyankar
132.Subhash Devidas Pande
133.Mukund Manoharrao Muley
134.Vijay D. Thakre
135.D.S.Khangan
136.P.D.Dande
137.R.M.Ambilduke
138.S.T.Waghmare
OA 1681/2015
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139.V.D.Duragkar
140.M.P.Ghosh
141.Tulsidas Pal
142.P.R.Joshi
143.B.M.Jagnale
144.V.R.Joshi
145.D.N.Dhok
146.P.D.Hinge
147.J.T.Deo
148.M.N.Sahu
149.N.D.Gaidhane
150.Sudarshan Pal
151.A.C.Sonpimple
152.C.D.Saran
153.R.P.Kalbandhe
154.Philip Tirkey
155.Saibal Kumar Ghose
156.Mahabendra Mukhopathyay
157.Amol Kumar Bhattacharya
158.Debjyoti Choudhary
159.Sachidanand Singh
160.S.H.A.Hussain
161.Subhas Chakraborti
OA 1681/2015
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162.R.Mathri
163.A.K.Kawle
164.Ashok D. Bhattacharya
165.S.K.Saha
166.K.B.Hajare
167.R.L.Sharma
168.P.K.Saxena
169.V.T.Gupta
170.P.K.Das
171.Kashinath S. Gadey.
Applicant Nos.1 to 171 all C/o Shri N.K.Vaidya,
R/o Quarter No.13/3 Type-III
O.F.Estate, Jawahar Nagar, Bhandara. ... Applicants
(By Advocate: Shri B. Lahiri)
Versus
1. The Union of India,
Ministry of Defence
D(Fy-2), Sena Bhavan
110 001, through
Its Secretary.
2. The D.G.O.F./Chairman
Ordnance Factory Board,
10-A S.K.Bose Road
Kolkatta - 700 001.
3. The General Manager
Ordnance Factory
Bhandara 441906.
OA 1681/2015
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4. The General Manager,
Ordnance Factory
Ambazari,
Nagpur 440 021. ... Respondents
(By Advocate: Shri R.K.Sharma)
ORDER
By V. Ajay Kumar, Member (J):
M.A.No.3671/2015, filed for joining together in a single application, is allowed.
2. Whether Para 5 of Annexure-I of the Modified Assured Career Progression Scheme (MACPS), for the Central Government Civilian Employees, issued vide Office Memorandum dated 19.05.2009, properly applied in case of the applicants, is the issue to be determined, in the present OA.
3. The brief facts, as stated by the applicants are that the applicants No.1 to 100, 127 to 130, 151 to 152, 170 and 171 are working as Junior Works Manager in Respondent No.3-Ordnance Factory, Bhandara. The applicants No.101 to 126 and 131 to 150 are retired, while working as Junior Works Manager, from Respondent No.3- Ordnance Factory, Bhandara. The applicants No.153 to 162 and 164 to 169 are working as Junior Works Manager in Respondent No.4- Ordnance Factory, Ambajhari, Nagpur. The applicant No.163 retired, while working as Junior Works Manager, from Respondent No.4- Ordnance Factory, Ambajhari, Nagpur.
OA 1681/201511
4. It is also submitted that all the applicants were appointed as Supervisors and equivalent grades between the periods from 1967 to 1985. The post of Supervisor and equivalent was merged with the post of Chargeman Grade-II on the basis of recommendations of 4th Central Pay Commission, which was implemented w.e.f. 01.01.1986. The hierarchy of Technical Supervisory cadre from 01.01.1986 to 31.12.2005, as per 5th Central Pay Commission, was as under:
Sr. Name of post Pay Scale
No.
1 Chargeman grade II Rs.5,000-8,000
2 Chargeman grade I Rs.5,500-9,000
3 Assistant Foreman/ Non- Rs.6,500-10,500
technical Store Holder
4 Junior Works Manager Rs.7,450-11,500
The next promotional level/grade of the above post at Sl.No.4 is as under:
Sr. Name of post Pay Scale No. 1 AWM Rs.8,000-13,500 2 WM Rs.10,000-15,200 3 Deputy General Manager Rs.12,000-16,500
5. In pursuance of implementation of 5th CPC recommendations, the Government of India introduced Assured Career Progression Scheme (ACP) for the Central Government Civilian Employees w.e.f. 09.08.1999, vide Office Memorandum dated 09.08.1999 (Annexure A3). As per the said ACP Scheme, two financial upgradations after completion of 12 and 24 years of service shall be granted to the next OA 1681/2015 12 promotional grade or pay scale for those employees who did not get at least two promotions during the said period.
6. It is further submitted that all the applicants were promoted from Chargeman Grade-II to Chargeman Grade-I and thereafter from Chargeman Grade-I to Assistant Foreman, prior to 31.12.2005. Amongst the applicants, some of them were also promoted from Assistant Foreman and equivalent to Junior Works Manager.
7. The Government of India implemented the recommendations of the 6th CPC w.e.f. 01.01.2006, by issuing CCS (Revised Pay) Rules, 2008 vide Annexure A5-Notification. Accordingly, the pay scales of the applicants' cadre, i.e., Workshop Staff were revised, and certain pay scales were merged together with single Grade Pay w.e.f. 01.01.2006. The applicants contended that the pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 were merged together into PB-2 Rs.9300-34800 with single Grade Pay of Rs.4200. The pay scale of Rs.7450-11500 was granted Grade Pay of Rs.4600/- in PB-2 with pay band of Rs.9300-34800. The post of Assistant Foreman and its equivalent grade (Pre-revised pay scale Rs.6500-10500) was upgraded and merged with Junior Works Manager (pre-revised pay scale of Rs.7450-11500). The pay scales of the promotional level of the applicants' cadre were revised as under:
(i) Assistant Works Manager Rs.8,000-13,500/- (revised Grade Pay of Rs.5,400 in Pay Band-3 with the pay scale of Rs.15,600-39,100).OA 1681/2015 13
(ii) Works Manager (STS) Rs.10,000-15,200/- (revised Grade Pay of Rs.6,600 in Pay Band-3 with the pay scale of Rs.15,600-
39,100).
(iii) Deputy General Manager Rs.12,000-16,500 (revised Grade Pay of Rs.7,600/- in Pay Band-3 with the pay scale of Rs.15,600-39,100/-).
8. On representation from various departments/associations, the pay scales of Central Government employees in the slab holding the pay scales of Rs.6500-10500 (pre-revised) upto 31.12.2005 upgraded en bloc to Rs.7450-11500 (pre-revised) with the Grade Pay of Rs.4600. Accordingly, all the employees holding pay scale of Rs.6500- 10500, irrespective of the post held, who were earlier granted Grade Pay of Rs.4200 from 01.01.2006, were upgraded with Grade Pay of Rs.4600, as on 01.01.2006.
9. Further, in pursuance of the 6th CPC recommendations, the Government issued MACP Scheme w.e.f. 01.09.2008, vide OM dated 19.05.2009 (Annexure A8). The said Scheme, provides for granting of three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service.
10. Para 5 of Anneuxre-I of the said MACP Scheme reads as under:
"5. Promotions earned/upgradation~ granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS.
Illustration-I OA 1681/2015 14 The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000-8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006,in his case as on 1.1.2006he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-
revised scales of Rs. 5500-9000 and Rs. 6500-10500.
(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.
ln the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006will be ignored on account of merger of the pre-revised scales of Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2."
11. The grievance of the applicants in the OA is that the respondents in terms of the said Para 5, ought to have ignored the promotion of the applicants from Chargeman Grade-I (Rs.5500-9000) to the post of Assistant Foreman (Rs.6500-9000), conferred on them before 01.01.2006 for the purpose of granting of financial upgradation under ACP as on 01.01.2006, and accordingly to grant the Grade Pay of Rs.5400 in PB-3 with pay scale of Rs.15600-39100 on completion of 12 years of service as ACP - 1 and to grant the Grade Pay of Rs.6600 in PB-3 with Pay scale of Rs.15600-39100 on completion of 24 years of service upto 31.08.2008, as ACP-2 and to grant Grade Pay of Rs.7600 in PB-3 with pay scale of Rs.15600-39100 on completion of 30 years of service on or after 01.09.2008 as MACP-3, but the respondents granted the Grade Pay of Rs.4600 as the 1st promotion/upgradation to OA 1681/2015 15 the post of AF/JWM in PB-2 and Grade Pay of Rs.5400/- as 2nd ACP in PB-3 as on 01.01.2006 and Grade Pay of Rs.6600 in PB-3 as 3rd MACP w.e.f. 01.09.2008 onwards.
12. The respondents, through their counter, submitted as under:
"V. It may be seen from the above instructions (instructions dated 02.03.2012 (Annexure A10) and dated 05.03.2012 (Annexure A11) and as per the Clarification dated 10.02.2000, issued by DoPT) that two financial upgradation under the ACP Scheme in the entire Government service career of an employee shall be counted against regular promotions (including In situ promotion, fast track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial upgradation under the ACP Scheme shall be available only if no regular promotions during the prescribed periods (i.e. 12 and 24 years) have been availed by an employee. If any employee has already got one regular potmotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall be accrued to him.
VI. It is submitted that as per Modified ACP Scheme effective from 1/9/2008 there shall be three financial upgradations counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has rendered 10 years of service continuously in the same Grade Pay.
VII. It is further stated that consequent on merger of posts of Chargeman Grade-II with Chargeman-I and that of Assistant Foreman/Foreman/Store Holder with Junior Works Manager w.e.f. 1/1/2006, an employee who had joined as Supervisor and equivalent/Chargeman Grade-II and completed 24 years of service prior to 1/1/2006 and presently holding the post/scale of JWM due to promotion/upgradation may be given the benefit of 2nd ACP in the next grade of promotional hierarchy as per benefits admissible in ACP Scheme as on 1/1/2006.
VIII. The service particulars in general in respect of the applicants of this OA are shown below for perusal and ready reference.
Sl. Name of Date of Apptt/ Promotion Pay Scale Grade Pay as No. post held holding the per VI CPC post (Rs.) 1 Supr(T) 11.08.1975 D.R. 380-560 4200 2 CM-II(T) 15.03.1980 Promotion 425-700 4200 3 CM-I(T) 12.09.1991 Promotion 1600-2660 4200 4 AF(T) 29.08.2001 Promotion 6500-10500 4600 5 JWM 02.04.2007 Promotion 9300-34800 4600 OA 1681/2015 16
IX. It is submitted that it may be seen that the pay scales of the posts at Sl.No.1 and were merged in one pay scale of Rs.425-700 in the V CPC and the post of Supervisor was abolished by promoting/transfer by appointment to the post of Chargeman Grade-II(T). In VI CPC the pay scale of posts at Sl.No.2 and 3 were also merged into PB-2+GP Rs.4200/- w.e.f. 1.1.2006. Similarly, the pay scales of the posts at Sl.No.4 and 5 were also merged into PB-2+GP Rs.4600/- w.e.f. 1.1.2006.
X. Taking into account the merging of the above pay scales/posts and as per instructions of O.F.Board issued vide letter No.1/6th CPC/2012/PCC(A/A) (Instruction No.98/2012/A/A(PCC) dated 2/3/2012 as amended vide letter No.1/6th CPC/2012/PCC(A/A) (Instruction No.99/2012/A/A(PCC) dated 5/3/2012, the applicants carrying the status as stated in the table in para IX above, are entitled to ACP/MACP as under:-
1. 1st Promotion to AF/JWM in PB-2+GP Rs.4600/-
already earned in post hierarchy.
2. 2nd ACP in PB-3+GP Rs.5400/- as on 1/1/2006.
3. 3rd MACP in PB-3+GP Rs.6600/- w.e.f. 1/9/2008 and onward.
XI. In view of the position explained above, the applicants of the OA are not further entitled to any upgradation under MACP as has been claimed by them for grant of ACP-1 w.e.f 31.08.2008 in Grade Pay of Rs.5400/- (PB-3), ACP-2 w.e.f. 31.8.2008 in Grade Pay of Rs.6600/- (PB-3) and MACP-3 w.e.f. 1.9.2008 in the Grade Pay of Rs.7600/- in PB-3."
13. The respondents also disputed the contention of the applicants with regard to the hierarchy of Technical Supervisory cadre and submitted as under:
"It is submitted that the hierarchy of technical supervisory cadre from 01.01.1986 to 31.12.2005 as per 5th CPC's order, shown in this para is not correct. The promotional leave/grade of technical Supervisor/Chargeman Grade-II as per 5th CPC and 6th CPC is as under:-
Sl. Name of initial post and Pay scale as per 5th Post and Pay scale as per 6th No. promotional post CPC in Rs. CPC in Rs.
1. Chargeman Grade-II 5000-8000 Chargeman
2. Chargeman Grade-I 5500-9000 PB-II Rs.9300-34800 +GP 4200
3. Assistant Foreman 6500-10500 Junior Works Manager
4. Junior Works Manager 7450-11500 PB-II Rs.9300-34800 +GP 4600
5. Asstt. Works Manager 8000-13500 Asstt. Works Manager PB-III Rs.15600-39100 +GP 5400
6. Works Manager 10000-15200 Works Manager PB-III Rs.15600-39100 +GP 6600
7. Dy. General Manager 12000-16500 Deputy General Manager PB-III Rs.15600-39100 +GP 7600 OA 1681/2015 17
14. The respondents specifically contended that only two pay scales, i.e., Rs.5000-8000 (Chargeman Grade-II) and Rs.5500-9000 (Chargeman Grade-I) have been merged together as Chargeman in the pay band -2 Rs.9300-34800 with Grade Pay of Rs.4200. Further two pay scales of Rs.6500-10500 (Assistant Foreman) and Rs.7450- 11500 (Junior Works Manager) have been merged together as Junior Works Manager in PB-2 Rs.9300-34800 with Grade Pay of Rs.4600. Accordingly, it is submitted that the promotion of the applicants from Chargeman Grade-I to Assistant Foreman cannot be ignored, and accordingly, their action is legal, valid and strictly in terms of Para 5 of the OM dated 19.05.2009 only.
15. Heard Shri B. Lahiri, the learned counsel for the applicants and Shri R.K.Sharma, the learned counsel for the respondents, and perused the pleadings on record.
16. Para 5 of Annexure I of MACP Scheme dated 19.05.2009 provides for ignoring the promotions earned/upgradations granted under the ACP Scheme in the past, to those grades which now carry the same Grade Pay due to merger of pay scales/upgradations of posts recommended by the 6th Pay Commission for the purpose of granting upgradations under Modified ACPS. The basic requirement for getting the benefit under the said Para 5 is that after merger of pay scales/upgradations of posts, both the post should carry the same Grade Pay.
OA 1681/201518
17. In the present case, admittedly, after merger of Chargeman Grade-II, carrying Pay Scale of Rs.5000-8000 and Chargeman Grade-I carrying the pay scale of Rs.5500-9000, came under one Grade Pay of Rs.4,200 in PB-2 of Rs.9300-34800. Similarly, due to merger of the post of Assistant Foreman with pay scale of Rs.6500-10500 and the post of Junior Works Manager with pay scale of Rs.7450-11500, both came under one Grade Pay of Rs.4,600 in PB-2 of Rs.9300-34800. Hence, the contention of the applicants that the respondents are required to ignore the promotion to the post of Assistant Foreman for the purpose of granting upgradations under MACP Scheme, is not in accordance with para 5 of the Scheme as the Grade Pay of Chargeman and Assistant Foreman are not the same after the merger is effected as aforesaid. The further contention of the applicants that since they got the promotion from Chargeman I to Assistant Foreman prior to 01.01.2006, with four grade structure, they are entitled for granting of the Grade Pay of Rs.5400 on completion of 12 years of service as ACP-I and Grade Pay of Rs.6600 on completion of 24 years of service as ACP-II and Grade Pay of Rs.7600 on completion of 30 years of regular service as MACP-III is also untenable and unsustainable for the same reason.
18. In the circumstances and for the aforesaid reasons, the OA is devoid of any merit and accordingly the same is dismissed. No costs.
(P. K. Basu) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/