In absence of defined hierarchy, financial upgradation under ACP scheme entitles an employee only to the next higher pay scale, not to a significantly higher one.

ORDER :

JAYANT BANERJI, J.

Heard Sri.M.C.Thimmaiah, learned counsel holding brief for Sri.Joshua Hudson Samuel learned counsel for the petitioners and Sri.Ranganath S Jois, learned counsel appearing for the legal representatives of respondent No.1 i.e. Respondent No.1(A to C) as well as Sri.K.Chandra Mohan, learned counsel for respondent No.2.

2. By means of this writ petition, the petitioners- Sports Authority of India and others have challenged the order dated 20.06.2016 passed by the Central Administrative Tribunal, Bengaluru Bench (for short “Tribunal”) in O.A.No.324/2013. By the impugned order, the O.A. was allowed and the petitioners were directed to place the applicant in the pay-scale of Rs.8000 – 13500 with effect from the date when she completed 24 years of service with consequential benefits. The petitioners were also directed to pass such order, within a period of three months on receiving a copy of the order.

3. From the record of this petition, it appears that the respondent no.1, [respondent] was initially appointed as Library Assistant- cum-Clerk on 05.04.1978 and she was promoted to the post of Assistant Librarian on 31.03.1986. She filed O.A.No.359/2006 seeking a direction to the petitioners to grant her pay scale of Rs.5500-9000 with effect from 01.01.1996 in accordance with the Central Civil Services (Revised Pay) Rules, 1997, [CCS (RP) Rules 1997] and all consequential benefits including the arrears of pay and allowances. By an order dated 20.06.2007, O.A.No.359/2006 was disposed of, with a direction to the first respondent therein to take a decision in the pending matter, and that if a decision was taken in favour of the applicant, it would have retrospective effect from 01.01.1996. On an Office Order No.226/2008 dated 10.11.2008 being passed by the petitioner, fixing pay of the respondent as per recommendation of 6^th Pay Commission, the respondent filed O.A.No.129/2009 before the CAT seeking quashing of that Office Order. In that O.A., a memo was filed by the petitioner enclosing an Office Order of 15.02.2010, pursuant to which the O.A. was closed as infructuous. Thereafter, after 19 months the respondent submitted a representation dated 19.12.2011 and another on 16.07.2012, seeking financial upgradation under ACP scheme having regard to the hierarchy of the posts. By means of a reply dated 27.07.2012, the representation was rejected. The aforesaid reply dated 27.07.2012 was challenged in O.A.No.324/2013 seeking, additionally, consequential directions to the petitioners to grant ACP in the pay scale of Rs.8000– 13500 with effect from 01.12.2001 taking the hierarchy of the Assistant Librarian/Librarian. Thereafter the impugned order of 20.06.2016 was passed. Hence, the instant petition was filed.

4. The contention of the learned counsel for the petitioners is that in the letter 27.07.2012 sent by the petitioner to the respondent, which has been enclosed at page no.121 of the writ petition, it was observed that the post of Assistant Librarian is a standalone post having no further line of promotion and therefore, the said post has no defined hierarchy; that therefore, the respondent would be given immediately next higher (standard/common) pay scale. The respondent was thus granted the immediate higher pay scale 6500 – 10500 and therefore, grant of pay scale of 8000 – 13500 under the ACP scheme was not admissible. Learned counsel has referred to the O.M. dated 9.08.1999 and its Annexure-1 (paragraph 7), which pertains to conditions of grant of benefits under the ACP Scheme, to contend that the aforesaid letter of 27.07.2012 was in accordance with the conditions mentioned in the O.M. of 09.08.1999. It is stated that by means of an Office Order dated 15.02.2010, the pay of the respondent was fixed as per 5^th Central Pay Commission with effect from 01.01.1996 in the higher pay scale of 5500- 175-9000 and the respondent was awarded first ACP in pay scale of 6500-200-10500 with effect from 20.04.2002 with the pay bei