Rajasthan High Court - Jodhpur
Union Of India & Ors vs Girdhari Lal Saini & Anr on 10 May, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 6061 / 2018
1. Union of India through the Secretary, Ministry of Defence,
Raksha Bhawan, New Delhi.
2. Commander Works Engineer, Air Force, Bikaner, Rajasthan.
3. Garrison Engineer, Air Force, Nal, Bikaner, Rajasthan.
----Petitioners
Versus
1. Girdhari Lal Saini S/o Late Shri Pokar Mal, Aged About 55
Years, R/o Ward No.9, N.h.15, Nal Bari, Bikaner, Presently
Working on the Post of FGM HS-I In the Office of GE (AF) Nal
Bikaner, Rajasthan.
2. Learned Central Administrative Tribunal, Jodhpur Bench,
Jodhpur. ----Respondents
_____________________________________________________
For Petitioner(s) : Mr. G.S. Rathore on behalf of
Mr. Deelip Kawadia
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 10/05/2018
1. Overlooking to the defects notified by the Registry we have considered the matter on merits.
2. O.M. dated 19th May, 2009 on the subject of Modified Assured Career Progression Scheme for Central Government civilian employees, vide paragraph-5 stipulates as under:
"5. 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 Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS."
3. Relevant facts correctly noted by the Central Administrative Tribunal are that the respondent joined service as a Mate in the (2 of 2) [CW-6061/2018] erstwhile pay scale of ₹210-290, revised scale being ₹5200-20200 with grade pay of ₹1900. He thereafter earned promotions to the post of Diesel Engine Static, Fitter General Mechanic (HS Grade-II) and Fitter General Mechanic (HS Grade-I). When these promotions were earned the three promotional posts were in the pay band of ₹5200-20200 with grade pay of ₹2000, ₹2400 and ₹2800 respectively. With the implementation of the recommendations of the Sixth Pay Commission the posts of Fitter General Mechanic (HS Grade-II) and Fitter General Mechanic (HS Grade-I) were merged.
4. Issue before the Tribunal was whether the respondent would be required to be treated as having earned three promotions and hence would not be entitled to the third MACP benefit. The Tribunal has held that in view of paragraph-5 of the O.M. noted above the previous promotion to the post of Fitter General Mechanic (HS Grade-II) and thereafter Fitter General Mechanic (HS Grade-I) would require one promotion to be ignored on account of the merger of the pay scales of the upgraded posts as recommended by the Sixth Central Pay Commission. In taking the said view the Tribunal has relied upon a decision of the Chandigarh Bench of the Tribunal on the same issue which was upheld by the High Court of Punjab and Haryana in CWP No.19387/2011.
5. In view of the clear language of paragraph-5 of the O.M. the view taken by the Central Administrative Tribunal is correct and thus the writ petition is dismissed in limine. (VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Mohit Tak