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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. MISHRA, SAVITRI RATHO, JJ.
Subhashree Mishra and Others – Petitioners
Versus
Registrar General of India and Census Commissioner and Others – Respondents
W.P. (C) No. 34100 of 2020
Decided On : 11-06-2021
Constitution of India - Articles 226 and 227 - grant 2nd financial up-gradation under Assured Career Progression (ACP) Scheme - Refusing to review and recall the order passed in the said Original Application - Recruitment to temporary Group ‘B’ and Group ‘C’ posts - While the Petitioners were discharging their duties, the Fifth Central Pay Commission in its Report made certain recommendations relating to the Assured Career Progression (ACP) Scheme for the Central Government Civilian Employees in all Ministries/Departments with a view to provide ‘Safety Net’ to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues - Petitioners have been given relaxation for ever at the time of initial recruitment by amending the Recruitment Rule.
Finding of the Court:
Applicants therein were not given employment in relaxation of educational qualification for the based post - writ of certiorari should not be allowed, unless it is shown to the Court that such conclusion regarding factual aspect of the case is based on inadmissible evidence or is based on clear ignorance of admissible and relevant materials on record. A writ of certiorari should not also be issued or exercised in a case of erroneous judgment on the question of law unless it is shown that such error of law is patent on the face of the record, an error which has been demonstrated before the Court without any lengthy and complicated argument. But, by simply perusing the judgment, and that such error of law has caused a grave miscarriage of justice - plea of the Petitioners that the Opposite Party Nos. 1 to 4 have admitted their claim in their counter affidavit cannot be acceded to. In fact, they are relying upon some inter office memo or office memorandum in which the Office of the Director, Census Operations, Odisha, Bhubaneswar proposed for grant of 2nd financial upgradation under ACP Scheme in favour of the Petitioners. But the matter was referred to the DoP&T and the DoP&T did not accede to such proposal. It, therefore, cannot be held that by preparing this document the claim of the Petitioners has been accepted by the Opposite Party Nos. 1 to 4.
Result: Appeal Dismissed.
JUDGMENT :
S.K. MISHRA, J.
1. Admit.
2. The petitioners, in this writ application, have challenged the order dated 12.02.2020 passed in O.A. No. 260/698./2017 by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as “the Tribunal” for brevity) rejecting their prayer to grant 2nd financial up-gradation under Assured Career Progression (ACP) Scheme and order dated 24.11.2020 passed in R.A. No. 10 of 2020 (arising out of O.A. No. 260/698/2017) refusing to review and recall the order passed in the said Original Application.
3. The Government of India, Ministry of Home Affairs, Office of the Registrar General, India issued Circular dated 18.03.1980 regarding methods of recruitment to temporary Group ‘B’ and Group ‘C’ posts to be created for manning Units of the Direct Data Entry System to be installed at different stations in India, under the Plan Scheme “Computerization of 1981 Census Data.” The said Circular stipulated educational qualification for the post of Operator i.e. “Degree with Statistics or Mathematics or Economic (with Statistics) as a subject, of a recognized University or equivalent.” In August, 1981, the Government of India, Ministry of Home Affairs, Office of the Registrar General, India issued another Circular regarding methods of recruitment of temporary Group ‘B’ and Group ‘C’ posts created/to be created for manning the Units of the Direct Data Entry System installed/to be installed at different stations in India under the Plan Scheme “Computerization of 1981 Census Data.” As per the August, 1981 Circular, the educational qualification for the post of Operator was “degree of a recognized University or equivalent.”
4. To fill up the posts of Direct Data Entry Operators Grade-B under the Opposite Party No. 3-Director, Census Operations of Odisha, Bhubaneswar, District-Khordha, candidates were called for through Offices of Employment Exchange of Cuttack and Bhubaneswar. On being selected, the Petitioners were appointed as Operators of D.D.E. Unit on ad hoc basis with effect from 01.06.1982/07.05.1984/11.05.1984 on regular capacity. Further, vide order dated 22.08.1985, the then Deputy Director of Census, Office the Director of Census Operations, Orissa, Bhubaneswar, the Petitioners were appointed on regular basis in temporary capacity with effect from 01.06.1992/07.05.1984/11.05.1984.
While the Petitioners were discharging their duties, the Fifth Central Pay Commission in its Report made certain recommendations relating to the Assured Career Progression (ACP) Scheme for the Central Government Civilian Employees in all Ministries/Departments with a view to provide ‘Safety Net’ to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues. To that effect Office Memorandum dated 9th August, 1999 was issued by the Government of India, Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training).
The ACP Scheme provides two financial up-gradations to the employees on completion of 12 years and 24 years of qualifying service. The Petitioners and others have been granted 1st financial up-gradation with effect from 09.08.1999 and placed in the scale of 5,000-8000/- vide order dated 13.06.2000.
5. After completion of 24 years of regular service, the Petitioners claimed that they are entitled to 2nd financial up-gradation under the ACP Scheme. The Opposite Party No. 4-Assistant Director, Office of the Registrar General of India, New Delhi vide letter dated 15.04.2015 requested all the Directors of Census Operations of different States to send the fresh/revised proposals of the officials i.e. D.E.Os. Grade ‘B’ and Senior Supervisors for grant of 2nd financial up-gradation under ACP Scheme in PB-III with GP of Rs.5,400/- with effect from their respective dates. Further, the Opposite Party No. 4- Assistant Director, Office of the Registrar General of India, New Delhi vide letter dated 29.04.2015 requ
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