Back
2016 Supreme(Del) 2331
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S.SISTANI & I.S.MEHTA, JJ.
GOVT. OF NCT OF DELHI & ORS – Petitioners
Versus
N.K. ROHATGI – Respondent
W.P.(C) 2749/2016
Decided On : 12-07-2016
For the Patitioner :Mr. Mukesh Kumar Singh, Advocate.
For the Respondent: Nemo.
Eligibility for financial upgradation under the MACP Scheme based on the positions held on ad hoc and regular basis.
Headnote:
Exemption - Grant of MACP - OM dated 19.05.2009 of GOI, DoPT - Financial upgradation - Ad hoc basis - Regular basis
Fact of the Case:
The challenge in this writ petition is to the order dated 6th October, 2015 passed by the Central Administrative Tribunal (CAT) by which an OA filed by the respondent seeking grant of MACP has been allowed.
Finding of the Court:
The court allowed exemption subject to all just exceptions and disposed of the applications. The petitioner sought to withdraw the writ petition with liberty to file a review application, bringing out the correct facts, before the learned Tribunal.
Issues: The issues revolved around the eligibility for financial upgradation under the MACP Scheme based on the respondent's positions held on ad hoc and regular basis.
Ratio Decidendi: The court considered the provisions of the OM dated 19.05.2009 of GOI, DoPT, and the eligibility criteria for financial upgradation based on the respondent's positions held on ad hoc and regular basis.
Final Decision: The writ petition was disposed of with liberty to file a review application before the learned Tribunal, and the application for stay was rendered infructuous.
CM Nos. 11577-78/2016 (Exemption)
1. Exemption allowed subject to all just exceptions.
2. Accordingly, these applications stand disposed of.
3. The challenge in this writ petition is to the order dated 6th October, 2015 passed by the Central Administrative Tribunal (CAT) by which an OA filed by the respondent seeking grant of MACP has been allowed.
4. An additional affidavit has been filed wherein it has been deposed as under:
“That as per record, Sh.N.K. Rohtagi completed 30 years of regular service on 10.01.2002 and was accordingly eligible for 3rd financial upgradation with effect from 01.09.2008 i.e. the date of introduction of the MACP Scheme.
That as on the due date of eligibility of MACP i.e. 01.09.2008, Sh. Rohtagi was holding the higher post of JAO on ad hoc basis, while holding the post of UDC on regular basis.
That as per Para-26 of the annexure to the OM dated 19.05.2009 of GOI, DoPT, cases of persons holding higher posts purely on ad hoc basis shall also be considered by the Screening Committee along with others. They may be allowed the benefit of financial up gradation on reversion to the lower post or if it is beneficial vis-à-vis the pay drawn on ad hoc basic.
That accordingly the case of Sh. Rohtagi is to be considered by his cadre controlling authority with reference to the post of UDC, the post he was holding on regular basis.
That as on the due date of his eligibility for 3rd financial upgradation under MACP Scheme i.e. on 01.09.2008, Sh. N.K. Rohtagi was holding the post of Junior Accounts Officer on ad hoc basis. However, on the said date, he was holding the post of UDC on regular basis. So as on 01.09.2008, he would have drawn pay in PB-2: Rs.9300-34800 plus Grade pay Rs.4200/- had he not been holding the post of JAO on ad hoc basis. Accordingly, Sh. Rohtagi was entitled to 3rd financial upgradation on 01.09.2008 in the Grade Pay of Rs.4600/-, being the next hierarchical Grade Pay, in terms of Govt. of India, Dept. of Personnel & Training, OM No.35034/3/2008-Estt.(D), dated 19th May 2009.
That accordingly, Sh. Rohtagi, AAO (Retired) is not entitled for financial upgradation in the Grade Pay of Rs.5400 but only in the Grade Pay of Rs.4600/-.
That however, Sh.N.K. Rohtagi was already drawing higher grade of Rs.4800/- as on 01.09.2008 i.e. the due date for 3rd financial upgradation, consequent upon his promotion on ad hoc basis to the post of Junior Accounts Officer with effect from 28.01.2004.”
5. The learned counsel for the petitioner submits that the respondent was holding a higher post of Junior Accounts Officer (JAO) on ad hoc basis while holding the post of Upper Division Clerk (UDC) on regular basis. It is further submitted that as per para 26 of the annexure to the OM dated 19.05.2009 of DoPT, GOI cases of persons holding higher post purely on ad hoc basis shall also be considered by the Screening Committee along with others.
6. While relying on the additional affidavit, it is stated that a person may be allowed the benefit of financial upgradation on reversion to the lower post or if it is beneficial vis-a-vis the pay drawn on ad hoc basis.
7. It is further submitted that accordingly the case of respondent is to be considered by his cadre controlling authority with reference to the post of Upper Division Clerk (UDC), the post he was holding on regular basis as on the due date of his eligibility for 3rd financial upgradation under MACP Scheme, i.e. on 01.09.2008, the respondent was holding the post of Junior Accounts Officer (JAO) on ad hoc basis. However, on the said date, he was holding the post of UDC on regular basis. So as on 01.09.2008, he would have drawn pay in PB-2: Rs.9300-34800 plus Grade pay Rs.4200/- had he not been holding the post of Junior Accounts Officer (JAO) on ad hoc basis and accordingly, the respondent was entitled to 3rd financial upgradation on 01.09.2008 in the Grade Pay of Rs.4600/-, being the next hierarchical Grade Pay, in terms of OM No.350
