Document Fragment View
Matching Fragments
The above writ petition is filed challenging Exts.P7 order and for a direction to the 3rd respondent to grant 2nd financial upgradation under ACPS to the petitioners in the scale of PB 2 with grade pay of Rs.4,200/- with effect from the date of completion of 24 years.
2. Petitioners who are retired from General Reserve Engineer Force (GREF) during 2016-2022, have approached this Court aggrieved by the anomaly that was crept in the grant of 2 nd financial upgradation to the next grade pay in MACP scheme instead of scale of pay attached to the next higher post in the hierarchy under Assured Career Progression Scheme (hereinafter referred to as 'ACP Scheme'). The service particulars of the petitioners given in the tabular form in the writ petition as Schedule A are as follows:
While so the Government of India introduced Ext.P2 Modified Assured Career Progression Scheme (hereinafter referred to as 'MACP Scheme') as per OM No.35034/3/2008-Estt(D) dated 19.05.2009. As per the provisions of the MACP Scheme appended to the abovesaid Office Memorandum financial upgradation are admissible when a person spent 10 years continuously in the same grade pay and the scheme envisages only placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as per CCS (Revised Pay) Rules, 2008. It is the contention of the petitioners that as per the ACP Scheme financial upgradation is given 2025:KER:5815 to the scale of pay attached to the next post in the hierarchy while in MACP Scheme it gives only financial upgradation to the next grade pay of the existing pay band. Petitioners would contend that Ext.P2 MACP Scheme introduced as per Office Memorandum dated 19.05.2009 has been given retrospective effect with effect from 01.09.2008 as per paragraph 9 of Ext.P2 Office Memorandum. It is the case of the petitioners that by giving retrospective effect the vested right of the petitioners as per Ext.P1 ACP Scheme to draw the scale of pay of the post in the hierarchy is deprived and the benefit has been reduced to mere upgradation to the next grade pay in the pay band which results in substantial monetary loss to the petitioners. It is contended that the retrospective operation of any rule or regulation or scheme shall not take away the vested rights of the employees like the petitioners. The petitioners who are entitled to get financial upgradation to the scale of pay attached to the next post in the hierarchy under ACP Scheme were denied the same due to retro application of the MACP Scheme and the petitioners will be placed only in the next grade pay in the pay band and the benefit is very minimal. Petitioners submit that due to the same they are suffering substantial reduction in the total emoluments that they were entitled to as per the ACP Scheme. Thereupon a representation in the nature of Ext.P4 was submitted by the petitioners before the 2nd respondent requesting to redress their grievance. While 2025:KER:5815 so the High Court of Karnataka has considered similar matters in W.P. Nos.24894-24908 of 2016 and as per Ext.P5 judgment held that the vested right of the individuals who have completed 24 years before the date of Ext.P2 to claim the scale of pay attached to the promotion post cannot be taken away as it will amount to taking away their vested right with retrospective effect. Though an appeal was preferred against the same before the Apex Court as SLP No.29605 of 2017 the same was dismissed as per Ext.P6 order dated 27.01.2020. It is the contention of the petitioners that in the light of Ext.P5 judgment of the High Court of Karnataka and the dismissal of the SLP challenging the same as per Ext.P6 the issue has been fully settled in favour of the petitioners. But the request made by the petitioners has been rejected by Ext.P7 order taking a stand that the decision of the Central Administrative Tribunal is applicable to the petitioners therein and not applicable to GREF. It is aggrieved by the same that the present writ petition has been filed.