Central Administrative Tribunal - Allahabad
Vijay Kumar Gupta vs Central Ordnance Depot on 31 October, 2023
OA No. 330/0995 of 2021
(Reserved on 16.10.2023)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad this, the __31st day of October, 2023
Original Application No. 330/0995 of 2021
Hon'ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
1. Vijay Kumar Gupta (P. No.6965898, Telephone Supervisor),
S/o late M.P. Gupta, R/o A-471, World Bank Colony, Barra,
Kanpur Nagar, Uttar Pradesh-208027
2. Inderjeet Singh (P.No.6970002, Telephone Operator), S/o
Kulwinder Singh, R/o Plot No.6, Krishna Street, Satbari
Road, Kidwai Nagar, Kanpur Nagar, Uttar Pradesh-
208011 ....Applicants
By Advocate: Shri Harindra Prasad
VERSUS
1. The Union of India, represented by its Secretary, Ministry of
Defence, South Block, New Delhi-110011
2. The Secretary, Department of Personnel and Training
Ministry of Personnel, P.G. and Pensions, Government of
India, North Block, New Delhi-110001
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3. The Chief of Army Staff, Integrated Headquarters of Ministry
of Defence (Army), South Block, New Delhi-110011
4. The Directorate of Civil Personnel, Integrated Headquarters,
Ministry of Defence (Army), South Block, New Delhi-110011
5. The Director General of Ordnance Service (OS-BC) Master
General of the Ordinance Brach, Army Headquarter, DHQ of
MoD (Army), New Delhi-110105
6. Chief Record Officer, AOC Records, PIN-900453, C/O 56
APO, Secunderabad-15
7. Commandant, Kendriya Audh Bhandar, Central Ordnance
Depot, Kanpur, PIN 900273, C/O 56 APO
......Respondents
By Advocate: Shri Chakrapani Vatsyayan
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Shri Harindra Prasad, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents were present at the time of hearing of the present case.
2. By means of this OA, the applicant has sought the following reliefs :
I. To issue suitable order or direction to the respondents to extend the benefits as given by Hon'ble C.A.T. (Principal Bench) New Delhi vide the judgment and order dated 26.10.2015 passed in O.A. No.3204/2011, Sh. Madhusudan and Others Vs. U.O.I. and Others to the present applicants and further the respondents be directed by this Hon'ble Tribunal to grant financial up gradation to the applicants under MACP Scheme in the Grade Pay of 4200/-, 4600/- and Page 2 of 12 OA No. 330/0995 of 2021 4800/- on completion of 10, 20 and 30 years of regular service the MACP Scheme.
II. To issue suitable order or direction to the respondents to fix the grade pay of the applicants under MACP Scheme in the Grade Pay of 4200, 4600 and 4800 on completion of 10, 20 and 30 years of regular service under the MACP Scheme and further the respondents be directed to give the revised pay scale to the applicants with effect from the due dates along with interest from the date the amount became due, till the actual date of payment with all consequential benefits including accrued arrears as expeditiously as possible.
III. To issue a suitable order or direction to the respondents to implement the judgment and order dated 26-10-2015 passed by Hon'ble C.A.T. (Principal Bench) New Delhi in the O.A. No. 3204/2011, Sh.
Madhusudan And Others Vs. U.O.I. And Others as a policy in general and grant grade pay 4200/-,4600/- and 4800/- of 6 CPC (i.e level 6,7 and 8 of 7 CPC) after completion of 10. 20 and 30 years of regular service including the applicants.
IV. to issue any suitable order or direction to the respondents which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the present case, so that justice may be done with the applicants."
3. The brief facts of the case are that the applicant no. 1 and 2 are working in the respondent's department as Telephone Supervisor and Telephone Operator since 04-04-1985 and 09.09.2008 respectively in District - Kanpur Nagar and they are similarly situated as the applicants are in O.A. No. 3204 /2011. (Sh. Madhusudan And Others Vs. U.O.I. And Others), filed before the C.A.T. (Principal Bench) New Delhi and decided on 26-10- 2015 by the Hon'ble Tribunal. The services and work of the applicants are same as the services and work of employees working as Civilian Switch Board Operators (hereinafter referred as 'CSBO') Grade-I and II with the respondents. There was the hierarchy of pay scales in the CSBOs cadre under the one time bound promotion scheme, which is as follows:-
a. CSBO Gde II 3200-4900
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b. CSBO Gde I 5000-8000
c. Tele/SB Supvr 5500-9000
d. After completion of 16 years services 5000-8000
e. After completion of 26 years services 5500-9000.
4. It is further the case of the applicants that in the year 2008, 6th Central Pay Commission gave its recommendations and one of the recommendations was merger of pay scales of 5000-8000, 5500-90000 and 6500-10500 and all these scales got merged in one pay grade PB-2 in the grade pay of Rs.4200. As a result of the aforesaid merger, the effect of financial upgradation given under one time bound promotion scheme became ineffective and the Govt. of India issued clarifications/instructions, which inter alia stated that the employees who have been granted financial upgradation under the ACP Scheme/one time bound promotion scheme in the erstwhile scale of 5000-8000 and 5500- 9000 have been made eligible to get the next higher grade pay. Therefore, in the case of the employees working as Civilian Switch Board Operators had been granted financial upgradation in the pay scale of 5000-8000 and 5500-9000 which got merged and were granted the grade pay of 4200/- were required to be given the grade pay of 4600 under the 2nd financial upgradation and grade pay of 4800 as the 3rd financial upgradation. It is further stated that earlier there was one grade of Telephone Operator. Later, it was organized into 3 Tier structure i.e. Telephone Operator Gr. II, Telephone Operator Gr. I and Telephone Supervisor. ACP scheme was introduced w.e.f. 09.08.1999 and respondents introduced TBP Scheme w.e.f. 01.01.1996 vide letter dt. 05.10.2006, as per the directions of the Hon'ble Kolkata Bench, which envisages promotion on completion of 16/26 years of service. Time Bound Promotion Scheme is useful to those who had been recruited up to 1999 and ACP Scheme is beneficial to those recruited after 1999. Respondents withdrew the benefits Page 4 of 12 OA No. 330/0995 of 2021 granted w.e.f. 09.08.1999 under ACP scheme when the TBP Scheme was brought into operation vide letter dated 05.10.2006 w.e.f. 01.01.1996, for the simple reason that both the schemes cannot run concurrently. As on 09.08.1999, there were two sets of Telephone Operators, one set belonging to Seniors, those who completed 16 or 26 years of services and juniors, who has not completed 16 years of services. TBP Scheme was beneficial to seniors and disadvantageous to the juniors. Two schemes were not running concurrently between 01.01.1996 and 08.08.1999. In contrast, ACP scheme is beneficial to seniors and juniors. Consequent to the VI CPC recommendations, the scales namely Rs.5000- 8000 and Rs.5500-9000 were merged into the scale of Rs.5500-9000, resulting in only one financial upgradation under TBP Scheme. MACP envisages 3 financial upgradations, whereas the applicants would get only one financial upgradation because of the merger of the pay scales.
5. The applicants filed representations, which are pending and the action of the respondents in not taking a decision in terms of para 13 of the ACP/ MACP Scheme, is illegal. On 09- 07-2021, 22-07-2021 and 18.09.2021, the applicants have given their application to the respondent no. 6 & 2 respectively through proper channel with a prayer to implement and extend the benefits as given by C.A.T. (Principal Bench) New Delhi vide its judgment and order dated 26-10-2015 passed in the O.A. No. 3204/ 2011 (Sh. Madhusudan And Others Vs. U.O.I. And Others) to the applicants and further to grant financial up gradation to the applicants under MACP Scheme in the Grade Pay of 4200, 4600 and 4800 on completion of 10. 20 and 30 years of regular service under the MACP Scheme, but the respondents are sitting tight over the matter as no decision has been taken by the respondents. Aggrieved by the same, the applicants were constrained to knock the door of this Tribunal.
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6. Mr. Harindra Prasad, learned counsel for the applicants submitted that the issue is now no more res integra as the similar issue fell for consideration before the Hon'ble C.A.T. (Principal Bench) New Delhi in O.A. No. 3204 /2011 (Sh. Madhusudan And Others Vs. U.O.I. And Others) decided on dated 26-10-2015, affirmed up to Hon'ble Delhi High Court in W.P.(C) No.3974/2017. Articles 14, 16 and 21 of the Constitution of India and principles of natural justice have been violated by the respondents in denying the benefits to the applicants at par with others. The government introduced the scheme for the benefit of employees and therefore, choice should have been left to the employees at the time when MACP Scheme was introduced whether or not they would like to continue with the old scheme or adopt the new scheme. Having not done so, the respondents cannot discriminate between different employees. He further submitted that since the applicants are working in the same and similar job to that of applicants in O.A. No.3204/2011, the applicants are also entitled to get the benefits of grant of third financial up gradation under MACP Scheme in the grade pay of 4200, 4600 and 4800 on completion of 10, 20 and 30 years of regular service under the MACP Scheme in view of law laid down by the Hon'ble C.A.T. Principal Bench, New Delhi. The act of respondents in withholding the benefits of grant of third financial up gradation to the applicants under MACP Scheme in the grade pay of 4200, 4600 and 4800 on completion of 10, 20 and 30 years of regular service under the MACP Scheme clearly violates the provisions of Article 14 an Article 39(d) of the Constitution of India which provides "equal pay for equal work" whereas the abovementioned Hon'ble CAT judgment and order is being enforced in favour of those applicants who have filed the O.A. No. 3204 /2011 who are at the same work place and same nature of work.
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7. Mr. Chakrapani Vatsyayan, learned counsel for the respondents drew the attention of the Court towards counter-reply and submitted that Applicant No. 1 was appointed as Telephone Operator w.e.f. 04 April 1985 and consequent to 5th Pay Commission, he was granted 1st ACP benefits on completion of 12 years of regular service w.e.f 09 Aug 1999 in the Pay scale of Rs. 4000-100- 6000/-. Later on, upon completion of 20 years of regular service, he was granted 2nd MACP financial up- gradation in grade pay Rs. 2800/- w.e.f. 01 September 2008. Meanwhile, applicant No.1 filed an Original Application No. 1779/2010 before this Hon'ble Tribunal for the similar benefits granted to Civilian Switch Board Operators working under Telegraph Department. The Hon'ble Tribunal had passed the order in favour of the applicants and consequent on implementation of Order dated 22.02.2012 passed in OA No 1779 of 2010 vide order contained in Government of India, Ministry of defence letter No. A/24305/Vijay Kumar Gupta/35/05-BC(ii)/313- C-D (OS-II) dated 31.05.2012, applicant No.1 of this OA was granted the Time Bound financial up- gradation in the Pay Scale of Rs. 5000-150- 8000/- on completion of 16 years of services w.e.f. 04.04.2001 and he was granted the Time Bound financial up-gradation on completion of 26 years of services and Rs. 5500-175-9000/- respectively vide AOC Records Part II Order 40/Prom/Misc/CA-6 dated 15.06.2012. Further, the Applicant No. 2 was appointed as Telephone Operator Grade-II w.e.f. 09 Sep 2008, in the scale of pay 3050-75-3950-80-4590 at Field Ammunition Depot vide Army Ordnance Crops (Records), Sikandrabad letter No. NYA/Tele Optr/Appt/15/CA-6 dated 27 Aug 2008 and he re- designated as Telephone Operator from Telephone Operator Grade-II w.e.f. 27.02.2013 in the pay band of Rs. 5200-20200+GP 2000/- vide daily order Part II No. 29/Civ/NIP/2013 dated 29.07.2013. The Applicant No. 2 transferred at Central Ordnance Depot, Kanpur w.e.f. 13.06.2015. Now, the applicants have filed this OA for the similar benefits which has been ordered by Hon'ble C.A.T New Page 7 of 12 OA No. 330/0995 of 2021 Delhi passed in OA 3204/2011 filed by Shri Madhu Sudan & 35 Ors for granting MACP scheme on completion of 10, 20 & 30 years of regular service with the Grade pays Rs. 4200/-, Rs. 4600/- & Rs. 4800/- respectively. However, as per para 13 of DOP&T OM No. 35034/3/2008-Estt. (D) dated 19 May 2009 and DOP&T OM No. 35034/3/2015-Estt. (D) dated 22 Oct 2019, Time- bound promotion scheme cannot run concurrently with the MACP scheme. It is submitted that 6th CPC has recommended the 3 financial up-gradation under MACP scheme at an intervals of 10 yrs, 20 yrs & 30 yrs of regular services; even then the applicants have fought for the time bound financial up-gradation on completion of 16 years and 26 years of service and the same was granted by cancelling the previous ACP scheme.
8. It has been further stated in the counter-reply that 6th Pay Commission recommended merger of the three pre- revised scale of pay Rs. 5000-8000, Rs. 5500-9000 & 6500-10500 and replaced them by the revised pay structure of grade pay of Rs. 4200/- in the Pay Band PB-2. Later, Gol, Min of Finance, DOE vide OM F.No 1/1/2008-IC dated 13 Nov 2009 has instructed that the post which were in the pre-revised scale of pay Rs. 6500- 10500 as on 01 Jan 2006 would be granted grade pay of Rs. 4600/- in the PB-2 i.e. corresponding to the pre-revised pay scale of Rs. 7 450-11500/- wef 01 Jan 2006. According to ibid instructions, applicants are not entitled to the grade pay Rs. 4600/- since they were not working in the pre-revised pay scale Rs. 6500-10500/- on or before 01.01.2006. Further it is mentioned that there is only two financial up-gradations allowed under TBPS i.e. on completion of 16 yrs & 26 yrs. As such, either applicant will get 2 Time Bound up- gradation or 3 financial up-gradation under MACP scheme; they can't avail both the benefits together. In this connection, it is further submitted that para 13 of DOP&T OM No 35034/3/2008-Estt (D) dated 19 May 2009 clearly mentioned that all the Schemes such as time-bound promotion, Staff Car Driver Page 8 of 12 OA No. 330/0995 of 2021 scheme etc. may continue to be operational for the concerned category of employees if it is decided by concerned administrative authorities to retain such Schemes after necessary consultations or they may switch over to the MACPs. But these schemes cannot be run concurrently with the MACPs. It is also submitted that judgment generally passed by the Hon'ble Courts are applicable to the applicants of the case only unless there are specific directions for extension of benefits to all similarly placed persons and as such, order of Hon'ble CAT New Delhi passed in OA No 3402/2011 filed by Shri Madhu Sudan & Ors has no universal effect. None of the grounds taken by the applicants are tenable in eyes of law, hence the applicants are not entitled for any relief and the instant O.A. is liable to be dismissed.
9. In rejoinder, the applicants have repeated the same facts already submitted in their O.A.
10. Heard the learned counsel for the parties and perused the entire records.
11. Learned counsel for the applicant relied upon the judgment passed by the Hon'ble C.A.T. (Principal Bench) New Delhi in O.A. No. 3204 /2011 (Sh. Madhusudan And Others Vs. U.O.I. And Others) decided on dated 26-10-2015 and stated that issues involved and facts are same in the present O.A.. The operating portion of the order dated 26.10.2015 passed in the said O.A. is reproduced hereinbelow:-
12. The grounds for rejection of the applicants' claim clearly is the provisions of para 13 of the MACP Scheme which states that time bound promotion scheme and MACP Scheme cannot run concurrently. However, we find that in the case of Drivers, the Government themselves have allowed the concurrent application of both the time bound scheme and the MACP Scheme. Moreover, it would be clear from the order of the CAT Mumbai Bench that the Department of Posts have adopted the MACP Scheme. Therefore, we are of the view that the respondents now cannot take the stand that Page 9 of 12 OA No. 330/0995 of 2021 as per para 13 of the Guidelines, MACP and time bound promotion scheme cannot run concurrently or having adopted the time bound scheme it cannot be jettisoned for adopting the MACP Scheme in light of the OM dated 19.05.2009 regarding Drivers and the Department of Posts to give up the CSBO scheme altogether and adopting the MACP Scheme, as this would clearly be discrimination. Moreover, the government introduced the scheme for the benefit of employees and therefore, choice should have been left to the employees at the time MACP Scheme was introduced whether or not they would like to continue with the old scheme or adopt the new scheme. Having not done so, the respondents cannot discriminate between different employees as regards these benefits. We, therefore, see merit in the OA and the same is, therefore, allowed. The respondents are directed to grant financial upgradation to the applicants under MACPs in the grade pay of `4200, 4600 and 4800 on completion of 10, 20 and 30 years of regular service under the MACP Scheme. No costs
12. The said order is affirmed up to Hon'ble Delhi High Court in W.P.(C) No.3974/2017. The operating portion of the said order is reproduced hereinbelow:-
10. The Tribunal, while granting the relief sought by the respondents, took into account the fact that in case of Drivers, the Government had itself granted. Pertinently, under the ACP Scheme, two financial upgradations were available to the employees who could not get promotion on account of stagnation. However, under the MACP Scheme-introduced after implementation of the 6th Central Pay Commission Report in the year, 2008, the Scheme provides for three financial upgradation, i.e., after 10 years, 20 years and 30 years of service. There appears to be no justification to deny to the respondents the third financial upgradation.
13. The respondents have mainly relied that Time Bound Promotion Scheme and MACP Scheme cannot run concurrently and applicants are not entitled for the benefit of both Schemes altogether in the light of the DOP&T OM No. 35034/3/2008-Estt. (D) dated 19 May 2009 and DOP&T OM No. 35034/3/2015-Estt. (D) dated 22 Oct 2019. The operating portion of the said DOP&T OM No. 35034/3/2015-Estt. (D) dated 22 Oct 2019 is reproduced herein below:-
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13. Existing time-bound promotion scheme, including in-
situ promotion scheme, or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees, if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.
23. In case of the transfer including unilateral transfer on request, regular service rendered in previous organisation/office shall be counted along with the regular service in the new organisation/office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher Pay Level in the Pay Matrix as given in CCS (Revised Pay) Rules, 2016. Wherever an official, in accordance with terms and conditions of transfer on own violation to a lower post, is reverted to the lower Post/Grade from the promoted post/Pay Level before being relieved for the new organisation /office, such past promotion in the previous organization /office will be ignored for the purpose of MACPS in the new organization/office.
14. A minute analysis of the judgment passed by the CAT, Principal Bench, Delhi in O.A. No. 3204 /2011 (Sh. Madhusudan And Others Vs. U.O.I. And Others) and affirmed by the Hon'ble Delhi High Court as well as aforesaid DOP&T OM, dated 19 May 2009 and 22 Oct 2019, it is crystal clear that applicants are similarly placed and eligible to get the benefit of MACP Scheme as they are on similar footing to that of applicants of O.A. No.3204/2011. Hence, this O.A. stands allowed.
15. Accordingly, the respondents are directed to give the benefit of MACP Scheme to the present applicants also. However, the respondents are at liberty to annul the benefit of Time Bound Promotion Scheme in respect of applicant No.1, if it conflicts with the MACP Scheme since the applicant No.1 has come to this Tribunal earlier to get the benefit of Time Bound Promotion Scheme and has availed the same on the basis of order of this Tribunal.
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16. Resultantly, instant O.A. stands allowed.
17. No order as to costs.
18. All MAs pending in this O.A. also stand disposed off.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member (Judicial)
PM/
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