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SUPREME COURT OF INDIA
VIKRAMAJIT SEN, SHIVA KIRTI SINGH, JJ.
Secr., Govt. of NCT of Delhi & Ors. - Appellants
Versus
Grade-I DASS Officers’ Association & Ors. - Respondents
CIVIL APPEAL NOS. 5153-5157 OF 2009
Decided on: 30-07-2014
(b) Service law – Accelerated Career Promotion Scheme (ACPS) – Financial upgradation under ACPS not only in lieu of but also in anticipation of regular promotion – Financial upgradation which would be much in excess of what the officer would gain on actual promotion in the hierarchy – Cannot be granted – Granting financial upgradation to respondents to a much higher pay scale of Rs.10000-325-15200/- to Grade I (Group A) in the DANICS instead of Rs.6500-200-10500/- to Grade II (Group B) of DANICS would be violative of rules of fairness and Articles 14 and 16 of the Constitution of India – Benefits of financial upgradation being too meager is no ground to grant much higher grade than admissible. (Para 13, 14)
(c) Constitution of India – Article 136 – While exercising power of judicial review, Court will not reverse or modify policy decision of the concerned Government – Granting financial upgradation to respondents in the scale of pay of Grade I of DANICS will amount to reversing or modifying Government policy. (Para 15)
(1998) 2 SCC 198 – Relied upon
132 (2006) DLT 525; (1989) 4 SCC 635 – Distinguished
Facts of the case:
The Respondents were appointed as Grade-II in the Delhi Administration Subordinate Service. They were promoted to the post of Grate-I between 1986 and 1989. They had completed 24 years of regular service between 1998 and 2001 and were thus eligible for second financial upgradation from 9.8.1999 or date of completion of 24 years of service, whichever is later.
The pay scale of Grade-II of DASS was Rs.5000-150-8000/-and Grate-I was in the pay scale of Rs.6500-200-10500/-. The Grade-I of DASS was the feeder grade for the next promotional grade in the hierarchy which was Grade-II (Group B) under the Delhi Andaman and Nicobar Island Civil Service (for short, ‘DANICS’) but unfortunately the Grade-II (Group B) of DANICS also had the same pay scale of Rs.6500-200-10500/-. Because the feeder and the promotional grades, though at two levels in the hierarchy, had the same scale of pay, therefore, a clarification was issued by the Department of Personnel & Training to the effect that since the feeder and promotional grades in the hierarchy were in the same scale of pay, the benefit of financial upgradation under the ACPS has to be allowed in the same scale for the reason that under the ACPS financial upgradation has to be allowed as per the exiting hierarchy. Financial upgradation cannot be allowed in a scale higher than the next promotional grade. In such cases, however, pay shall be fixed under the provisions of F.R.22(I)(a)(1) subject to a minimum benefit of Rs.100/-.
The Respondents found the benefit under F.R.22(I)(a)(1) to be too meagre, therefore, they raised a demand that financial upgradation must be real and for that they should be granted upgradation to the scale of Rs.10000-325-15200/-which was the pay scale for Grade-I (Group A) in the DANICS.
Since the normal channel of promotion for Grade-I of DASS was Grade-II (Group B) of DANICS and not the further higher post in the hierarchy, Grade-I (Group A) in DANICS, the Appellants turned down the representations of the Respondents.
The Tribunal held that the contention of the Respondents that irrespective of the hierarchy in which they are placed, they should be granted financial upgradation in the pay scale which is much higher than the hierarchical promotion was not an acceptable interpretation of the ACPS.
The Respondents filed writ petitions which have been allowed.
Finding of the Court:
Impugned judgment cannot be sustained.
Result: Appeals allowed.
Judgment
SHIVA KIRTI SINGH, J.
1. The Respondents in these Appeals were applicants before the Central Administrative Tribunal, Principal Bench, New Delhi (for short, ‘the Tribunal’). They preferred O.A. No.579 of 2002 against the Appellants seeking quashing of the order dated 10.8.2001 and also sought a direction to grant the scale of Rs.10000-325-15200/-to them and all other members of Grade-I (DASS) Officers’ Association from the date they had completed 24 years of regular service or 9.8.1999, whichever is later.
2. The aforesaid claim was founded upon the Assured Career Progression Scheme (for short, ‘ACPS’) introduced w.e.f. 9.8.1999 which, inter alia, provides for benefit of second financial upgradation on completion of 24 years of regular service to such Central Government civilian employees who faced stagnation and had not been granted two promotions during their service tenure. The controversy or the dispute arose in the background of some relevant facts which are as follows.
3. The Respondents were appointed as Grade-II in the Delhi Administration Subordinate Service (for short, ‘DASS’). They were promoted to the post of Grate-I between 1986 and 1989. They had completed 24 years of regular service between 1998 and 2001 and were thus eligible for second financial upgradation from 9.8.1999 or date of completion of 24 years of service, whichever is later. The pay scale of Grade-II of DASS was Rs.5000-150-8000/-and Grate-I was in the pay scale of Rs.6500-200-10500/-. The Grade-I of DASS was the feeder grade for the next promotional grade in the hierarchy which was Grade-II (Group B) under the Delhi Andaman and Nicobar Island Civil Service (for short, ‘DANICS’) but unfortunately the Grade-II (Group B) of DANICS also had the same pay scale of Rs.6500-200-10500/-. Because the feeder and the promotional grades, though at two levels in the hierarchy, had the same scale of pay, therefore, a clarification being Clarification 52 was issued by the Department of Personnel & Training vide O.M. No.35034/1/97-Estt.(D)/Vol.IV dated 18.7.2001, to the effect that since the feeder and promotional grades in the hierarchy were in the same scale of pay, the benefit of financial upgradation under the ACPS has to be allowed in the same scale for the reason that under the ACPS financial upgradation has to be allowed as per the exiting hierarchy. Financial upgradation cannot be allowed in a scale higher than the next promotional grade. In such cases, however, as per Condition No.9 of the ACPS issued vide Department of Personnel & Training O.M. dated 10.2.2000, pay shall be fixed under the provisions of F.R.22(I)(a)(1) subject to a minimum benefit of Rs.100/-.
4. The Respondents found the benefit under F.R.22(I)(a)(1) to be too meagre, therefore, they raised a demand that financial upgradation must be real and for that they should be granted upgradation to the scale of Rs.10000-325-15200/-which was the pay scale for Grade-I (Group A) in the DANICS.
5. Since the normal channel of promotion for Grade-I of DASS was Grade-II (Group B) of DANICS and not the further higher post in the hierarchy, Grade-I (Group A) in DANICS, the Appellants turned down the representations of the Respondents leading to O.A.No.579 of 2002 preferred by the Respondents. In that O.A., the Tribunal considered the provisions and conditions of ACPS contained in Annexure I to the Scheme and came to a finding that the contention of the Respondents that irrespective of the hierarchy in which they are placed, they should be granted financial upgradation in the pay scale which is much higher than the hierarchical promotion was not an acceptable interpretation of the ACPS. The Tribunal found it patent in the ACPS that the financial upgradation is to be only in the next higher grade but it is with a rider that such upgradation has to be in accordance with the existing hierarchy in a ca
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