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IN THE HIGH COURT OF DELHI AT NEW DELHI
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD, JJ.
S.P.Parasher – Appellant
Versus
Union Of India & Ors - Respondents
W.P.(C) 7438 of 2010
Decided on : 12-07-2022
Employment and Service matter - Junior Steno-cum-VTO - Pay scale - Indian Scientific Documentation Centre - Period of deputation - Contributory Provident Fund - The earlier service of petitioner under the INSDOC was pensionable services and service under DRC was not at all pensionable service. Petitioner became a member of Contributory Provident Fund (CPF) from April, 1992 and Project of DRC also contributed towards Employees Contribution in respect of the petitioner - It very clear that first spell of the service of petitioner was under Government as INSDOC is a part of CSIR. The petitioner has also received promotions while serving in INSDOC - It very clear that petitioner has received promotions/higher pay scales in INSDOC and as well as while serving in DRC. He was appointed at higher pay scale in services of RCI and, therefore, for purpose of grant of ACP, services rendered by him with effect from 15.06.1998 has to be taken into account - Tribunal was certainly justified in holding that the petitioner is entitled for seniority in RCI with reference to his present rank and date from which he got his rank or date of joining the RCI, whichever is later.(Para 20 and 21)
Finding of the Court :
It very clear that in case of absorption, transfer/deputation, promotion earned in previous/present organization together with past service shall also count for purposes of ACP Scheme. It also clarifies that, in case, appointment is made to higher pay scale, either on direct recruitment or on absorption (transfer) basis or first on deputation basis and later on absorbed (on transfer basis), such appointment shall be treated as direct recruitment and past service/promotion shall not be counted for benefits under ACP Scheme - It very clear that the petitioner has received promotions/higher pay scales in INSDOC and as well as while serving in DRC. He was appointed at higher pay scale in the services of RCI and, therefore, for purpose of grant of ACP, services rendered by him with effect from 15.06.1998 has to be taken into account - Tribunal was certainly justified in holding that petitioner is entitled for seniority in RCI with reference to his present rank and the date from which he got his rank or date of joining RCI, whichever is later.
Result: Writ petition is dismissed.
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. The present Writ Petition is arising out of order dated 19.02.2010 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in O.A. No. 1068/2007 dismissing the Original Application filed by the petitioner.
2. The facts of the case reveal that the petitioner came into service on 01.02.1980 as Junior Steno-cum-VTO in the pay scale of Rs. 330-550/- (pre-revised) under the Council of Scientific and Industrial Research (CSIR), and he was appointed in the Indian Scientific Documentation Centre, (INSDOC), New Delhi. He was confirmed on 18.02.1981 and was promoted to the post of Senior Stenographer in the pay scale of Rs.425-800/- (pre-revised) with effect from 05.12.1983. The petitioner was later on sent on deputation in the office of Project Director, District Rehabilitation Centre Scheme (DRC), Ministry of Welfare (now known as Ministry of Social Justice & Empowerment) on the post of Sr. P.A. (PS) with effect from 26.04.1988 in the pay scale of 200-3500/-. The period of deputation was extended and finally the lien in the parent organisation i.e. INSDOC came to an end on 27.04.1992. He was absorbed in the Services of DRC.
3. The most important aspect of the case is that the earlier service of the petitioner under the INSDOC was pensionable services and the service under the DRC was not at all pensionable service. The petitioner became a member of the Contributory Provident Fund (CPF) from April, 1992 and the Project of DRC also contributed towards the Employees Contribution in respect of the petitioner.
4. The petitioner, again on deputation, joined the services under the Rehabilitation Council of India (RCI) on 15.06.1998 as Private Secretary in the pay scale of 6500-10500/-, and was later on absorbed in the services of the RCI in the pay scale of 6500-10500/-. The petitioner came up before the CAT stating that he came into service on 01.02.1980, and he has served the respondents up to 07.12.1998, however, while granting the pensionary benefits and upgradation under the Assured Career Progression (ACP) Scheme (ACP), he has not been granted the benefit of past services rendered by him with effect from 01.02.1980. The petitioner in those circumstances prayed for the following reliefs:
(b) Direct the Respondent No.1 & 2 to treat the services of the Applicant with Respondent No.2 w.e.f 26.4.1988 to 6.12.1988 as valid government regular service and further direct the respondents to grant all the consequential benefits, namely counting of past services for the purpose of pensionary benefits (at the time of recruitment), fixing of seniority & grant of financial upgradation under the Assured Career Progression Scheme as applicable to the employees of Respondent No.2 & 4.
(c) Direct the Respondents No.1 & 2 to pay upto date interest, if any, on the past service benefits of INSDOC and DRC to enable the Respondent No.4 to count the service rendered by the Applicant with Respondent No.2 and 3 as pensionable in terms of Order No.6 (1) to Appx. 11 to CCS (Pension) Rules, 1972.
(d) Direct the Respondent No.1 to fix the seniority of the Applicant (with Respondent No.4) w.e.f. 26.4.1988, the date from which the Applicant has been holding the same post in the same pay scale and make eligible for all consequential benefits. (e) Any other relief which this Hon’ble Tribunal may be pleased to grant under the facts and circumstances of the case.”
5. The CAT has partly allowed the Original Application by holding that the petitioner’s services under the DRC cannot be treated as Government Service for all purposes and the period cannot be counted towards pensionary
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