The court emphasized the autonomy of the employer to adopt or not adopt the Central Pay Commission recommendations, and the importance of demonstrating the merger of posts as per the statutory rules.

JUDGMENT

Jyoti Singh, J.

C.M. APPL. 45717/2022 (condonation of delay of 50 days in filing counter affidavit)

1. Present application has been preferred on behalf of Respondents No. 1 to 4 seeking condonation of delay of 50 days in filing the counter affidavit.

2. Issue notice.

3. Mr. Parveen Kumar, learned counsel accepts notice on behalf of the Petitioners.

4. For the reasons stated in the application, the same is allowed.

5. Delay of 50 days in filing the counter affidavit is condoned.

6. Counter affidavit is taken on record.

7. Application stands disposed of.

W.P.(C) 13777/2021

8. By this writ petition, Petitioners assail the impugned order dated 25.05.2021, whereby Respondents No.1 and 2/Export Inspection Council (hereinafter referred to as `EIC') have rejected the claim of the Petitioners for grant of ACP/MACP at higher Grade Pay and from earlier dates, on the ground that the posts of Junior Scientific Assistant (`JSA') and Technical Officer (`TO') were never merged and even under the existing Export Inspection Agency (Recruitment) Rules, 1980 (hereinafter referred to as `RRs'), they are separate posts, where JSA is the feeder post of post of TO.

9. The factual score, as per the narrative in the writ petition is:

(a) For development of export trade through Quality Control and Inspection and for matters connected thereto, the Export (Quality Control and Inspection) Act, 1963 (hereinafter referred to as `1963 Act') was enacted and under Section 3 of the said Act, EIC was set up as a Body Corporate. Under Section 7 of the 1963 Act, in order to provide the ground machinery for quality control and inspection, Central Government established five Export Inspection Agencies (hereinafter referred to as `EIAs') in Delhi, Mumbai, Kochi, Kolkata and Chennai, which function under the administrative control of the EIC.

(b) Petitioners were appointed in the EIAs on different dates as JSAs in the pay scale of Rs.1400-2600 (under 4th CPC) and the relevant details are as follows:

[IMG]

(c) Petitioners No.1 and 2 were placed in the revised pay scale of Rs.5000-8000 under the 5th CPC, by order dated 03.03.1998 w.e.f. 01.01.1996, while Petitioner No.3 was granted the benefit vide order dated 01.10.1997 and Petitioner No.4 vide order dated 01.01.1996.

(d) Government of India, vide DoPT O.M. dated 09.08.1999 notified the Assured Career Progression Scheme (`ACP') for Central Government Civilian employees in all Ministries/Departments. ACP Scheme provides two financial upgradations, on completion of 12 and 24 years' service, in the Grade Pay in the next promotional hierarchy, subject to fulfilment of requisite norms including benchmarks for promotion to the said posts. First financial upgradation was granted to the Petitioners under the ACP Scheme as follows:

[IMG]

(e) Petitioners were thereafter promoted as TOs from the following dates in the pay scale of Rs.5500-9000, which was the same scale as granted to them by way of first financial upgradation under the ACP Scheme:

[IMG]

(f) Petitioners No. 1 to 4 were promoted to the post of Assistant Director (AD) from the post of TO and placed in the pre-revised scale Rs.8000-13500 (revised Pay Band Rs.15600-39100 with Grade Pay Rs.5400/-) as under:

[IMG]

(g) DoPT notified the Modified Assured Career Progression Scheme (`MACP Scheme') vide O.M. dated 19.05.2009 effective from 01.09.2008, under which an employee is entitled to three financial upgradations on completion of 10, 20 and 30 years service, respectively.

(h) As per 6th CPC recommendations, posts in the pay scales Rs.5000-8000 and Rs.5500-9000 were to be merged with the post in pay scale Rs.6500-10500 (revised PB-2 with Grade Pay of Rs.4200/-). The hierarchy of posts in EIAs is JSA in pay scale of Rs.5000-8000 and TO in pay scale of Rs.5500-9000 and thus by virtue of para 5 of Annexure-I of MACP Scheme read with Clarificatory O.M. dated 09.09.2010 as well as Serial No.27(iii) of FAQ on MACP in DoPT O.M. dated 01.04.2011, promotion/upgradations in the p