Central Administrative Tribunal - Kolkata
S Ravindran vs Electricity on 7 March, 2025
1 OA 1615/2017/AN
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(CIRCUIT SITTING AT PORT BLAIR)
O.A. 351/01615/2017/AN
Date of hearing : 12.02.2025
Date of order : 07.03.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
Shri S. Ravindran,
Aged about 57 years, S/o Late Sirumani, R/o Aberdeen Bazar,
Port Blair, Working as Mechanical Fitter, Electricity Department,
Presently posted at Executive Engineer, South Andaman
Division, Neil Island.
.............Applicant
VS.
1. The Union of India, through Ministry of Power, Urja
Bhavan, New Delhi-110001.
2. The Ministry of Finance, Through its Secretary, North
Block, New Delhi- 110001.
3. The Andaman & Nicobar Administration, Through the
Chief Secretary, Andaman and Nicobar Islands, Port Blair.
4. The Lieutenant Governor, Raj Niwas, Andaman and
Nicobar Islands, Port Blair.
5. The Chief Secretary, Secretariat, Andaman and Nicobar
Islands, Port Blair.
6. The Secretary (Power), Andaman & Nicobar
Administration, Port Blair.
7. The Superintending Engineer, Electricity Department,
Vidyut Bhavan, Port Blair.
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8
1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad
e9e38d5aed96, CN=SONALI LAL
LAL Reason: I am the author of this document
Location:
Date: 2025.03.07 15:35:35+05'30'
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2 OA 1615/2017/AN
8. The Assistant Director (Administration), Department of
Electricity, Andaman & Nicobar Administration, Port Blair.
.........Respondents
For The Applicant(s): Mr. Gopala Binnu Kumar, Counsel
For The Respondent(s): Mr. R. Kumar, Counsel
ORDER
Suchitto Kumar Das, Administrative Member OA nos. 1651/2017/AN and 720/2019/AN were heard together and reserved for order on 12.02.2025 on the ground that issues under adjudication in both the OAs were similar. On going through the facts of the two cases, it is observed that although the issue involved in the two OAs are similar, facts and circumstances surrounding the two cases are different. It is therefore, considered appropriate to pass separate orders in the two OAs.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"(a) An order be passed quashing the order dated 28.7.2015 issued by the Assistant Director (Admin) of the Andaman & Nicobar Administration whereby the authorities held that the pay fixation of the applicant is correct.
(b) An order be passed directing the respondent authorities to implement the recommendation of the Assistant Director (Admn.) for the applicant whereby the Assistant Director (Admn.) requested the Andaman & Nicobar Administration to grant the upgraded pay scale of Rs. 5000-150-8000/- with grade pay of Rs. 4200/- to the Chargeman of the electricity department which was directed to be implemented for the chargeman of this department by the Honourable High Court and by this Hon'ble Central Administrative Tribunal.
(c) An order be passed directing the respondent authorities to consider the representation of the applicant dated 1.12.2016. Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
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3 OA 1615/2017/AN
(d) An order directing the respondent authorities to grant all consequential and monetary benefits to the applicant after granting the financial upgradation benefits i.e. ACP and MACP in the following manner:-
1. First ACP w.e.f. 15.3.2005 in the scale of pay of Rs. 5000-150- 8000.
2. Second MACP in the pay band of Rs. 9300-34800 with grade pay of Rs. 4600/- w.e.f. 15.3.2013.
(e) An order directing the respondent authorities to act in accordance with law.
(f) An order to issue directing the respondents to produce the records of the case before this Hon'ble Tribunal so that conscious able justice may be done.
(g) Such other or further order direction or directions, as your Lordships deem fit and proper in the interest of justice."
3. The instant O.A. was initially disposed of on 26.03.2019 by this Tribunal, which allowed the prayer made by the applicant with the following orders:-
"11. By taking into account the entire conspectus of the case, we are of the view that the applicant is entitled to the grant of the scale of Fifth Central Pay Commission of Chargeman in case of Electricity Department, so extended by the Hon'ble High Court. Accordingly, the said benefit shall be extended to the applicant also w.e.f. 15.3.2005 along with all consequential benefits within a period of four months from the date of receipt of this order.
12. The O.A. stands allowed. No order as to costs."
4. The respondents challenged the order of the Tribunal dated 26.03.2019 in WPCT No. 190 of 2019 (The Union of India and others vs. Shri S. Ravindran). The Hon'ble High Court at Calcutta (Circuit Bench at Port Blair) set aside the order of the Tribunal and remanded the O.A. back to this tribunal for fresh consideration on merits. The orders of the Hon'ble High Court Calcutta, in its Circuit Bench at Port Blair, dated December 16, 2019 is disclosed by Learned Counsel for the applicant in M.A. No. 351/00148/2020 arising out of O.A. No. 351/01615/2017.
Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA 1615/2017/AN Findings and orders of the Hon'ble High Court in WP.CT no. 190/2019 dated 16.12.2019 are as under :-
"...................
Learned advocate appearing for the petitioners submits that, the Central Administrative Tribunal by the impugned order directed grant of the scale of Fifth Pay Commission of chargeman in case of Electricity Department to the private respondent on the basis of an earlier judgment and order of the High Court and on the basis of the recommendation of the Fifth Pay Commission. He submits that the private respondent do not have the requisite educational qualification to receive the benefits. According to him, the High Court in the earlier round of litigation was concerned with the persons who had requisite qualification i.e. they were either degree or diploma holders. The recommendation of the Fifth Pay Commission was for diploma holders. The private respondent does not possess such educational qualification. In his usual fairness, he further submits that, this point was not raised before the Central Administrative Tribunal.
The respondent is represented.
Learned Counsel appearing for the respondent submits that, the entitlement of the respondent is on a different basis. She also submits that, the point sought to be taken by the writ petitioners is being raised for the first time in this proceeding. We have considered the rival contentions of the parties and perused the records made available to us.
Since the point affecting the rights of the parties is sought to be taken for the first time in this proceedings, and since such point, if decided, will affect the right of the parties, it would be appropriate that, the impugned order is set aside and OA 351/01615/2017 is remanded to the Central Administrative Tribunal for fresh consideration on merits.
No doubt, the parties will be at liberty to raise such point before the Central Administrative Tribunal if they are entitled in law to do so.
Needless to say, the respective parties are at liberty to adduce such evidence and produce such documents as they may be entitled in law.
WPCT no. 190 of 2019 is disposed of accordingly without any order as to costs."
In compliance of the abovequoted order, this Tribunal heard the matter again and dismissed the OA by the following order dated 14.12.2021 :-
"..........................
7. The moot issue in this O.A. is whether the applicant is eligible to claim pay parity with that of Chargeman (Mechanical).
.................................
11. ....................................
Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
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5 OA 1615/2017/AN In the instant matter, the applicant has not been appointed as a Chargeman nor is he discharging the duties of a Chargeman. Hence his claims to the applicability of the ratio in Rajpal (supra), who was a similarly circumstanced Chargeman in the Electricity department of the respondent administration, does not succeed.
............................"
Applicant in the OA challenged the order of the Tribunal dated 14.12.2021 in WP.CT no. 3/2022 before the Hon'ble High Court which was disposed of by the Hon'ble High Court on 29.04.2022 by remanding the matter back to the Tribunal with following observations and directions :-
"...................
25. We find that the specific point raised by the Administration before this Court in WPCT no. 190 of 2019, was that the petitioner was not eligible to be given revised scale of pay of Chargeman (Mechanical) because the petitioner did not belong to the engineering subordinate cadre. The respondents contended that the recommendation of the Fifth Central Pay Commission revising the pay structure of Chargeman (Mechanical) was applicable to persons having a degree or diploma in engineering. Thus, neither the recommendation of the Fifth Central Pay Commission, nor the decision of the High Court for implementation of said pay structure in respect of Chargeman (Mechanical) could be applied in case of the petitioner. This was the main contention of the respondents in WPCT 190 of 2019. The petitioner passed Class XI and was a holder of an ITI certificate. The respondents urged that the petitioner was not in the same category as Chargemen and pay parity could not be granted. The petitioner was not similarly situated. Such contentions of the respondents were recorded by this Court in its order dated December 16, 2019.
26. As these points were raised for the first time by the Administration before the High Court, WPCT No. 190 of 2019 was disposed of by the High Court and the learned Tribunal was directed to consider the matter afresh.
27. In our view, the learned Tribunal failed to consider the matter in the light of the decision of the High Court dated December 16, 2019 while remanding the matter. The learned Tribunal ought to have decided OA no. 351/01615/2017 in the light of the decision of High Court dated December 16, 2019 passed in WPCT No. 190 of 2019 and should have arrived at the specific finding as to whether the petitioner's case for grant of the revised pay structure recommended by the Fifth Central Pay Commission in case of Chargemen, could be allowed in terms of the recommendation of the Fifth Central Pay Commission contained in clause 50.23 thereof, or not. Whether the order of the High Court dated November 30, 2012 passed in WPCT No. 594 of 2012 would be applicable to the petitioner should have been decided. The specific direction of the High court and its findings in the order dated November 30, 2012, read with the recommendation of the Fifth Central Pay Commission and the relevant clause, should have been taken into account by the learned Tribunal. The case of the petitioner should have been tested on these parameters. Whether the petitioner was similarly situated with the beneficiaries of the office order No. 643 dated April 25, 2013 and with Shri Raj Pal ought to have been a relevant issue, for adjudication by the learned Tribunal.
Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
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28. The order impugned is thus set aside as the above issues were not decided by the learned Tribunal. The matter is remanded for a fresh decision in the light of the discussion made hereinabove.
..............."
The matter was heard again on 12.02.2025 along with OA no. 720/2019 involving similar issues.
5. Learned Counsel for the applicant submits that the applicant was working as a Mechanical Fitter in the department of Electricity of the respondent administration. The applicant was initially appointed as DRM Fitter on contract basis since March, 1993 for a period of three months. He was regularized in the post of Fitter (Mechanical) in September, 1997 and finally confirmed in the post of Fitter (Mechanical) along with 22 others vide orders dated 24.02.2007.
The respondent authorities had granted the 1st ACP to the applicant in the scale of Rs. 4500-7000/- (corresponding to GP Rs. 2800 in VIth CPC) w.e.f. 15.03.2005. 2nd financial upgradation under MACP scheme was granted by raising his GP to Rs. 4200/- vide order dated 07.01.2014.
The applicant, thereafter, preferred a representation in which he alleged that an anomaly was caused by discriminating against the applicant while granting him a Grade Pay of Rs. 4200/- while a Grade Pay of Rs. 4600/- was allowed to incumbents in similar pay scale attached to the posts of Mechanical (Fitter) and Electrical (Fitter) of Lineman-cum- Meter Reader (LMMR), and, thereafter, prayed for grant of Grade Pay of Rs. 4600/- after 2nd financial upgradation of his pay.
In response, the respondent authorities had informed him on 31.07.2015 that, as the applicant, who is a Fitter (Mechanical), is eligible for the promotional post of Chargeman (Mechanical), has been allowed the pay Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA 1615/2017/AN scale in the next hierarchy of Chargeman concluding thereby that the pay scale and the Grade Pay granted to the applicant are in order.
Learned Counsel for the applicant submits that one N. B. Ibrahim and others, all Chargemen in the Electricity Department of the Respondent's administration, had approached this Bench of the Central Administrative Tribunal (Circuit at Port Blair) in O.A. No. 25/AN/2009 praying for the benefits of pay structure for engineering support cadre. The Tribunal had disposed of the O.A. in April, 2010 directing the respondent authorities to decide on the claim of the petitioners, and, being aggrieved by the adverse decision of the authorities, the applicants therein approached this Tribunal in another O.A. bearing No. 182/AN/2010. After considering the grievance of petitioners, the Tribunal dismissed the application on merit.
Being aggrieved by such dismissal, the applicant, namely, N. B. Ibrahim approached the Hon'ble High Court of Calcutta (Circuit Bench at Port Blair) in WPCT No. 594 of 2012 and the Hon'ble High Court quashed and set aside the impugned judgment as well as the order of the respondent authorities and directed the respondents to extend the benefits as per the recommendations of the 5th Pay Commission to the petitioners from their due dates of entitlement. That, emboldened by such decision, one Shri Raj Pal, who was also a Chargeman (Mechanical) in the Department of Electricity, Port Blair approached this Tribunal in O.A. No. 205/AN/2015 praying for grant of higher grade of the Mechanical (Electricity) Department as contained in the recommendations of the 5th CPC. More specifically the applicant in OA no. 205/2015/AN prayed for upgradation of his pay in the pay scale of Rs. 5000- 8000/- w.e.f. 01.01.1996. This Tribunal after having cited the ratio in State of U.P. & ors. v. Arvind Kumar Srivastava & ors. (2015) 1 SCC 347 and, in Man Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA 1615/2017/AN Singh v. State of Haryana & ors. AIR 2008 SC 2481 as well as in Rajendra Yadav v. State of MP & ors. JT 2013 (2) SC 627, accepted the prayer made in the O.A., and, the respondents were directed to extend the benefits to the applicant, the said Raj Pal with consequential benefits. This order of the Tribunal was implemented by the respondents in the case of Raj Pal.
Learned Counsel for the applicant submits that the instant applicant, who is admittedly a Fitter (Mechanical), would, in the light of orders in Ibrahim (supra) and Raj Pal (supra) be entitled to get the said pay band during grant of ACP and would claim that he is entitled to get the pay scale of Rs. 5000-8000/- on the recommendations of 5th CPC on and from March 2005 i.e. the date of grant of his first ACP.
The applicant has filed a supplementary affidavit in which he has submitted that one Jag Jeevan Lall, ITI holder was appointed as Lineman-cum- Meter Reader and for whom the next promotional post was Chargeman, was initially given the benefit of first financial upgradation under ACP Scheme w.e.f. 09.08.1999 in the scale of pay of Rs. 4500-7000/- but subsequently the same was revised vide Order dated 14.02.2012 giving effect from 09.08.1999. Since the ACP of Jag Jeevan Lall was revised vide order dated 14.02.2012 in the scale of Rs. 5000-8000/- w.e.f. 09.08.1999, he got the benefit of second financial upgradation under MACP scheme vide order dated 04.03.2015 in the scale of pay of Rs. 9300-34800/- with grade pay of Rs. 4600/-. Similarly other ITI holder Lineman-cum-Meter Readers also got the benefit of 2nd financial upgradation under MACP Scheme in the scale of pay of Rs. 9300-34800/- with grade pay of Rs. 4600/- vide Order dated 28.03.2012. The applicant is similarly circumstanced as that of other ITI holders who are working as Lineman-cum-Meter Reader and their promotional post is Chargemen, who Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA 1615/2017/AN got the benefit of 1st financial upgradation under ACP scheme in the scale of pay of Rs. 5000-8000/- and got the benefit of second financial upgradation under MACP Scheme in the scale of pay of Rs. 9300-34800/- with grade pay of Rs. 4600/- with effect from 2012.
6. Per contra, Learned Counsel for the respondents submits that the applicant was granted 1st financial upgradation under ACP scheme on completion of 12 years of regular service w.e.f. 15.03.2005 in the scale of pay of Rs. 4500-125-7000/- the next hierarchy of Chargeman. The applicant was granted 2nd financial upgradation under MACP scheme on completion of 20 years of regular service w.e.f. 15.03.2013 in the scale of pay in PB-II of Rs.
9300-34800+GP of Rs. 4200/-.
6.1 Learned Counsel for the respondents submits that as per the Recruitment Rule for the post of Chargeman (Mech), the pay scale is Rs. 5200- 20200+Grade Pay of Rs. 2800/-. Feeder post for promotion to the post of Chargeman is Fitter (Mech)/ Switch Board cum Engine Operator (Mech) in the pay band PB-I with Grade Pay Rs. 1900/- having 13 years regular service in the respective grade. The applicant has been given all the financial upgradation as per ACP on completion of 12 years regular service w.e.f. 15.03.2005 in the scale of pay Rs. 4500-7000/-, therefore the applicant is not entitled to the relief claimed by him.
6.2 Learned counsel for the respondents submits that subsequently 2nd financial upgradation to GP of Rs. 4200/- under MACP scheme was granted on 15.03.2013 and the applicant accepted the same and he is enjoying the pay scale of next hierarchy of Chargeman.
6.3 Learned counsel for the applicant submits that the case of the applicant and the case of one Raj Pal (supra) referred to by the applicant are on Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA 1615/2017/AN different footing as the facts and circumstances in the case of applicant who does not have a Diploma/Degree in Electrical/ Mechanical Engineering, is different from those in the case of Raj Pal who holds a Diploma. 6.4 Respondents have filed their reply to the supplementary affidavit filed by the applicant. It is their submission that the Department never enhanced the pay scale of Chargeman from Rs. 4500-7000 to 5000-8000. As per the existing Recruitment Rules of Chargeman (March 2011), the pay scale of Chargeman is Rs. 5200-20200+GP Rs. 2800/-. The recommendation of the 5th CPC was made in respect of employees who were either engineering graduates or diploma holders. The upgraded pay scale of Rs. 5000-8000/- (GP Rs. 4200/- as per VIth CPC) was recommended for such persons only. The applicant had passed Class-XI and possessed an ITI Certificate. Thus, he did not have the qualification for grant of the pay scale as recommended by the 5th CPC.
6.5 Learned Counsel for the respondents further submits that prior to 2004, as per the then Recruitment Rule, LMMR was the feeder post of Junior Engineer and accordingly the department reviewed the 1st ACP granted to the LMMRs prior to 2004 and granted them the pay scale of their promotional post of Junior Engineer in the pay scale of Rs. 5000-8000. Subsequently the Recruitment Rules of Junior Engineer was amended in May, 2004. As per the present Recruitment Rule LMMR is the feeder post of Chargeman carrying PB-
I of Rs. 5200-20200 + GP Rs. 2800/-. The applicant was a Fitter (Mechanical ) and his promotional post is Chargeman. As per the Recruitment Rules, the pay scale of Chargeman is Rs. 4500-7000 (Pre-revised) equivalent to Rs. 5200- 20200 +GP Rs. 2800/- as per VIth CPC recommendation and the applicant is Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA 1615/2017/AN not entitled to the pre-revised pay scale of Rs. 5000-8000/- as his 1st ACP benefit nor to a GP of Rs. 4600/- as his 2nd MACP benefit. 6.6 Learned Counsel for the respondents further submits that Jag Jeevan Lall was initially appointed as Lineman-cum- Meter Reader (LMMR) on temporary basis in the pay scale of Rs.260-400 w.e.f. 14.06.1984 vide office order No.325 dated 13.06.1984 and as per the recommendation of the Anomaly committee, A&N Administration, his pay scale was upgraded to the scale of pay of Rs.4000-6000 (Vth CPC) w.e.f. 01.01.1996.He was granted 1st ACP benefit vide order dated 27.04.2010 and his pay was fixed at Rs. 4500-
7000/- i.e., the pay scale for the next promotional post of Lineman-cum-Meter Reader (LMMR) as it existed in 2010. His financial upgradation was given effect from 09.08.1999 when he had completed 12 years of service. On his promotion to the post of Chargeman on 30.06.2007 he continued in the pay scale of Rs. 4500-7000/- (GP Rs. 2800/- in 6th CPC) which was the initial pay grade for the post of Chargeman. However, in 2012, following the recommendation of a Review Committee, ACP benefit granted to Jag Jeevan Lall and some other LMMRs was revised vide order dated 14.02.2012 on the ground that at the time when Jag Jeevan Lall completed 12 years of service in 1999, next promotional post of Lineman-cum-Meter Reader (LMMR) was Junior Engineer. Since the Junior Engineer post, as per order dated 21.08.2008, carried a pay scale of Rs. 5000-8000/- , Jag Jeevan Lall's first financial upgradation ought to have been to the scale of Rs. 5000-8000/-. He was therefore granted the scale Rs. 5000-8000/- as a result of financial upgradation under ACP scheme. Subsequently, in 2004, next promotional post of Lineman-cum-Meter Reader (LMMR) was changed to Chargeman. Jag Jeevan Lall was promoted to the post of Chargeman in 2007. Since his pay Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA 1615/2017/AN ought to have been in pay scale Rs. 5000-8000/- which was higher than that of the pay scale attached to the post of Chargeman (Rs. 4500-7000/-), his pay scale was protected as per rules as a benefit purely personal to him. As per the GoI's letter dated 21/08/2008, the upgraded pay scale of Rs.5000-8000 is admissible only to the non-diploma holder Junior Engineers of Electricity Department and not to the Chargemen. Thus, it is clear from the aforesaid order No.299 dated 14/02/2012 that the GP of Rs.4200/- has been granted to Jag Jeevan Lall by virtue of 1st financial upgradation under ACP Scheme and it cannot be treated as a pay scale of Chargeman, as 1st ACP in the pay scale of Rs. 5000-8000 has been granted to him w.e.f. 09.08.1999. Jag Jeevan Lall was promoted to the post of Chargeman on adhoc basis in the pay scale of Rs.
4500-7000 in June, 2007 and was subsequently regularized on 02.06.2010. Since, by order of 14.02.2012, his pay scale was fixed at Rs. 5000-8000/- w.e.f. 09.08.1999, the same scale continued due to pay protection when he was promoted to the post of Chargeman in 2007.
7. The applicant has also filed his rejoinder essentially reiterating the submissions made in his OA.
8. Heard the parties. Perused material on record. 8.1 Hon'ble High Court has also observed that Degree/ Diploma in Electrical/ Mechanical Engineering is an essential qualification for promotion to the post of Junior Engineers. Ministry of Power's notification dated August 21, 2008 grants the upgraded Pay Scale of Rs. 5000-8000/- to the non- Diploma JEs of Electricity Department of Andaman & Nicobar Islands. As has been observed by the Hon'ble High Court, as per the Recruitment Rules essential qualification for promotion to the post of chargeman is not diploma Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA 1615/2017/AN or degree. Also, there is nothing on record to show that the posts of Junior Engineers and Chargemen have identical duties and responsibilities and the applicant's reliance on the Ministry of Power's letter dated 21.08.2008 to buttress the claim of non-Diploma Chargemen to the pay scale of Rs. 5000-
8000/- is misplaced.
8.2 It is the contention of the applicant that one Jag Jeevan Lall who was promoted as Chargeman from the post of Lineman-cum-Meter Reader (LMMR) was granted the pre-revised pay scale of Rs. 5000-8000/- or Grade Pay of Rs. 4200/- (VIth CPC) on promotion as Chargeman. Therefore, the applicant who was granted the pay of Chargeman after 1st financial upgradation under ACP scheme should also have been granted the pay scale of Rs. 5000-8000/- (pre-revised). Therefore, the action of the respondents denying the Grade Pay of Rs. 4200/- to the applicants is discriminatory and not sustainable.
The said Jag Jeevan Lall was granted 1st ACP benefits w.e.f. 09.08.1999 on completion of 12 years of service. At that time, Lineman-cum-Meter Reader (LMMR)was the feeder post for promotion to the post of Junior Engineer which carried a pay scale of Rs. 5000-8000/- as per Ministry of Power's letter dated 28.08.2008. Therefore, Jag Jeevan Lall's pay was raised to Rs. 5000- 8000/-along with the pay of some other LMMRs while granting him 1st financial upgradation under ACP Scheme on completion of 12 years of service by a review DPC. In 2004, Recruitment Rules were modified and Lineman- cum-Meter Reader (LMMR) became the feeder grade for Chargemen. Since he was already in the pay scale of Rs. 5000-8000/- by virtue of financial upgradation under ACP Scheme, on 01.01.2006 his grade pay was fixed at Rs. 4200/-. Jag Jeevan Lall was promoted as Chargeman on 30.06.2007. Since he Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA 1615/2017/AN had already got the scale of Rs. 5000-8000/- (corresponding to GP Rs. 4200/-
in 6th CPC) by virtue of financial upgradation under ACP Scheme, it continued to be the same even when he was promoted as Chargeman even though as per the Recruitment Rules the post of Chargeman had the Grade Pay of Rs. 2800/-. The case of Jag Jeevan Lall and that of the applicants are distinguishable as they belonged to different posts in their feeder cadre of LMMR and Fitter respectively which historically had different promotional avenues. Jag Jeevan Lall was not granted the Grade Pay of Rs. 4200/- due to his promotion as Chargeman. Since he was already in the pay scale of Rs. 5000-8000/- by virtue of financial upgradation under MACP scheme, he would have got the Grade Pay of Rs. 4200/- even if he was not promoted as Chargeman. The grant of Grade Pay of Rs. 4200/- to Jag Jeevan Lall was in the nature of pay protection and was personal to him. The applicant is therefore not similarly situated as Jag Jeevan Lall and cannot claim similar benefits on grounds of being similarly circumstanced as Jag Jeevan Lall. This fact is obvious from the order dated 14.02.2012 which clearly mentions that the pay of Jag Jeevan Lall has been fixed in the scale of Rs. 5000-8000/- under ACP Scheme with effect from 09.08.1999, i.e., when he was posted as a Lineman-cum-Meter Reader (LMMR). As per Recruitment Rules of Chargeman, the post carries a Grade Pay of Rs. 2800/- p.m. Applicant being a Fitter is in the feeder grade for promotion to the post of Chargeman. Therefore, while granting 1st financial upgradation to him under ACP scheme he was rightly granted the pay scale of Rs. 4500- 7000/-.
8.3 While remanding the matter back to this Tribunal, Hon'ble High Court vide its order in WPCT 3/2022, directed that the Tribunal consider the submission of the Administration in WPCT 190/2019 that the applicant did Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA 1615/2017/AN not possess the educational qualification to be eligible for the pre-revised pay scale of Rs. 5000-8000/- and that the decision of Hon'ble High Court in WPCT 594/2012 being in respect of Diploma holders only was not applicable to the applicant.
Hon'ble High Court in its order dated 30.11.2012 in WPCT no. 594/2012 has observed and directed as under :-
"..................
After perusing the recommendation of the Central Vth Pay Commission in respect of engineering subordinate cadres holding diploma in engineering, we find that the grounds shown in the order dated December 17, 2009 (at page 89 of this writ application) were extraneous. There was no scope to take the aid of the aforesaid two grounds at the time of considering the claim of the employee/ engineers belonging to Engineering subordinate cadres possessing diploma in engineering and it was not in dispute that the petitioners fulfilled these two criteria. Therefore, we hold that the impugned judgment cannot be sustained in law because the decision making process of the respondent no. 1 as communicated under communication dated December 17, 2009 cannot be sustained in law.
.............................
We, therefore, quash and set aside the impugned judgment dated August 27, 2012 delivered in OA No. 182/AN/2010 as also the order of the respondent no. 1 as communicated under memo dated December 17, 2009. The respondents are directed to extend the benefit of the above recommendation of the Vth Central Pay Commission to the petitioners from the date as and when they become entitled to the same within March 31, 2013 including arrears.
........................."
The basis of the Hon'ble High Court's abovequoted order is the recommendation of the 5th Central Pay Commission in para 50.23 and 50.24 of its report.
Para 50.23 and 50.24 of the 5th Central Pay Commission Report are quoted below :-
"50.23. We have carefully considered the demands of the Federation and the views of the Administrative Ministries/ Departments in the light of our General approach on the pay scales of different professional/ technical groups of staff and existing relativities between technical and non technical categories. We have, as a general rule, Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 16 OA 1615/2017/AN decided to improve the initial recruitment pay scale of diploma engineers in Government. We accordingly, recommended following pay structure for engineering subordinate cadres:-
Existing Proposed
(in present terms)
Rs. Rs.
1400-2300 1600-2660
1600-2660* 1640-2900
1640-2900* 1640-2900
2000-3200* 2000-3500
2000-3500 2000-3500
2375-3500 2375-3750
2375-3750 2500-4000
*some of these are graduates in engineering, others are diploma holders; 50.24. These pay scales will apply mutatis- mutandis for diploma engineers in different cadres depending upon the availability of specific existing pay scales. We have also recommended specific pay structure for different engineering cadres;"
The benefits accorded by the above two paras are for employees who have Diploma/Degree in Engineering. Recruitment Rules for Chargeman in Electricity Department stipulate a grade pay of Rs. 2800/-. Chargeman with Diploma in Engineering have been granted the grade pay of Rs. 4200/- in pursuance of a directive of the Hon'ble High Court in WPCT no. 594/2012 (Shri Nahim Bin Ibrahim & Ors. vs. The Union of India & Ors.) which based its decision on the recommendations contained in paras 50.23 and 50.24 of the 5th Central Pay Commission Report. Since the applicant is non-Diploma holder, benefits of Vth Central Pay Commission Report (paras 50.23 & 50.24) or those granted by the Hon'ble High Court are not applicable to him. 8.4 The recommendations of the 5th CPC contained in para 50.23 and 50.24 of its report were upheld by the Hon'ble High Court in WP.CT no. 594 of 2012. As a consequence the respondents granted the old scale of Rs. 5000-8000/- (Grade Pay of Rs. 4200/- in 6th CPC) to Diploma holder Chargemen. As per the Recruitment Rules of Chargemen, the Grade Pay for Chargemen is Rs. 2800/- corresponding to the pre-revised pay scale of Rs. 4500-7000/- . Grant of a Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 17 OA 1615/2017/AN Grade Pay of Rs. 4200/- (pre-revised pay scale of Rs. 5000-8000/-) to Diploma holders is on account of a specific recommendation of the CPC affirmed by the Hon'ble High Court which, in the absence of a change in Recruitment Rules, is to be treated as personal to the Diploma holders. No such enabling provision or Pay Commission recommendation exists for the applicant who does not have a Diploma or a Degree in Engineering. Therefore, as per Recruitment Rules of Chargemen the applicant's promotional post of Chargeman carries a Grade Pay of Rs. 2800/- corresponding to the pre-revised pay scale of Rs. 4500-7000/-. The applicant's contention that he should be granted the Grade Pay of Rs. 4200/- because some other Chargemen have been granted the Grade Pay of Rs. 4200/-, is not sustainable and the applicant, being a Fitter without a Dipoma/Degree in Electrical/Mechanical Engineering, cannot be extended the benefit of the judgment of the Hon'ble High Court in WPCT no. 594 of 2012 which pertained specifically to the Diploma holders.
8.5 Hon'ble High Court in WPCT 3/2022 has also directed the Tribunal to consider whether the petitioner was similarly situated as Shri Raj Pal. As has been noted earlier, Raj Pal held a Diploma in Engineering. This Tribunal vide its order dated 28.09.2016 in OA no. 205/AN/2015 filed by the said Raj Pal held that he was similarly situated as the Diploma holder Chargemen who were the beneficiaries of the Office Order no. 643 dated April 25, 2013 which was issued in compliance of the order of the Hon'ble High Court in WPCT 594/2012. This Court had therefore directed the Administration to grant the GP of Rs. 4200/- to Raj Pal. In compliance of this order, Raj Pal was granted a GP of Rs. 4200/- by the respondents. The applicant herein admittedly does not possess a Degree/ Diploma in Engineering. He cannot claim parity with a Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA 1615/2017/AN Chargeman with Diploma who were granted the GP of Rs. 4200/- by the Hon'ble High Court's order in WPCT 594/2012 as discussed above. Raj Pal was granted GP of Rs. 4200/- as he holds a Diploma. Grant of GP of Rs. 4200/-
to Raj Pal does not ipso facto imply that the GP of all Chargeman has become Rs. 4200/-. It is therefore held that grant of GP of Rs. 4200/- to Raj Pal is in no way of any assistance to the applicant's case in this OA. 8.6 After giving due consideration to the contentions of the rival parties and the material on record as directed by the Hon'ble High Court in its order dated 09.02.2024, we are of the opinion that none of the arguments advanced by the applicant or the documents available on record support the claim of the applicants for grant of a Grade Pay of Rs. 4200/-. 8.7 In view of the above discussion, in our considered opinion, the applicant's claim to the scale of Rs. 5000-8000/- on grant of 1st ACP and Grade Pay of Rs. 4600/- in 2nd MACP, lacks merit.
9. OA stands dismissed being devoid of merit. No order as to costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Administrative Member Judicial Member
sl
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce8 1465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ad e9e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.07 15:35:35+05'30' Foxit PDF Reader Version: 2024.3.0