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2025 Supreme(Online)(CAT) 1575
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Dr. Anand S Khati, A
Shambhu Dayal – Appellant
Versus
M/o Consumer Affairs – Respondent
O.A./3575/2015
Mr. Vijay Dutt Gahtori, Ms. Sumedha Sharma
The Tribunal ruled that financial upgradations must be granted in accordance with existing hierarchies post-merger of pay scales, ensuring no disadvantage to employees.
Headnote:(A) A.T. Act, 1985 - Section 19 - Quashing of Office Memorandum regarding pay re-fixation - Applicant sought to quash an order denying pay upgrade and benefits under previous orders - The Tribunal found that the applicant's claims were valid based on prior financial upgradations and the merger of posts - The order was quashed, and the respondents were directed to re-fix the pay and grant benefits. (Paras 2, 5.1, 6)
(B) Financial Upgradation - The Tribunal emphasized that financial upgradations under ACP and MACP schemes must be considered in light of existing hierarchies post-merger of pay scales - The principle of not disadvantaging employees due to administrative changes was upheld. (Paras 5.1, 5.2)
Facts of the case:
The applicant challenged an Office Memorandum that denied pay re-fixation after the merger of posts, arguing for benefits based on previous orders. The applicant had received financial upgradations under ACP but sought further benefits post-merger.
Findings of Court:
The Tribunal found the denial of benefits unjust and ordered the re-fixation of pay and consequential benefits.
Issues: The main issues included the validity of the Office Memorandum and the applicant's entitlement to financial upgradation post-merger.
Ratio Decidendi: The Tribunal ruled that the applicant was entitled to benefits under the previous orders and that the merger of posts should not disadvantage employees.
Result: The O.A. is allowed, and the respondents are directed to re-fix the pay and grant benefits.
ORDER (ORAL)
Hon’ble Mr. Manish Garg, Member (J)
The present O.A. has been filed by the applicant under Section 19 of the A.T. Act, 1985, seeking following reliefs :-
“(i) to quash & set aside the Office Memorandum No. C- 30017/27/2013-SRA dated 18.02.2015 (Annexure-A-1) in respect of applicant.
(ii) direct the respondent to grant benefits as per Office order No. A-26022/1/2009-SRA dated 28.03.2012 and further Corrigendum No. A-26022/1/2009-SRA dated 11.01.2013; and re-fix /up-grade the pay in pay band + grade pay in the post of Assistant Director [S&R], i.e. with Grade Pay of Rs. 5400/- w.e.f. 01.12.2007, in accordance with the above said order.
(iii) pay all consequential monetary benefits on account of such re-fixation with interest.
(iv) Any other/ further relief [s] which this Hon'ble Tribunal deems fit and proper as per facts and circumstances of the present case.
(iii) pay all consequential monetary benefits on account of such re-fixation with interest.
(iv) Any other/ further relief [s] which this Hon'ble Tribunal deems fit and proper as per facts and circumstances of the present case."
2. Highlighting the facts of the case, learned counsel for the applicants would submits impugns the order dated 18.02.2015, which reads as under:-
“Subject: Re-fixation of pay and Grade Pay after merger of posts of Technical Assistant (TA) and Technical Officer (S&R) in to Technical Officer (S&R) w.e.f. 1.1.2006-regarding.
I am directed to refer to representation dated 12.11.2014 received from Shri Shanbhu Dayal Lab. Assistant, CGAL.
2. Shri Shambhu Dayal, Lab Assistant has stated that he was granted 2nd ACP w.e.f. 1.12.2007 in the pay scale of (Rs. 3500-9000) from the post of Analyser (Rs. 5000-8000). The officer has contended that due to merger of posts of Technical Assistant and Technical Offer (S&R) with Technical Officer (S&R) w.e.f. 1.1.2006, he was already getting pay in the pay scale Ra. 5500- 9000 w.e.f. 1.1.2006. The official has requested that he should be granted 2nd ACP w.e.f. 1.12.2007 in the pay scale of Rs. 8000-13500 of Assistant Director and pay be re-fixed accordingly.
3. The matter has been examined. It is seen that Shri Shambhu Dayal had joined as Lab. Assistant on 1.12.1983 in the pay scale Rs 3200-4900 (revised scale). He has been granted first ACP in the pay scale Rs.5000-8000 w.e.f 9.8.1999 and second ACP in the pay scale of Rs. 5500-9000 w.e.f 01.12.2007. The pay scale Rs 5500-9000 of Shri Shambhu Dayal, Lab. Assistant granted on financial upgradation under 2nd ACP was revised as per 6th CPC and he was placed in Pay Band -2 Rs.9300-34800+GP Rs. 4200 w.e.f 1.12.2007. The official has therefore already availed the 1st and 2nd financial upgradation under ACP scheme as per the guidelines contained in DOPT OM No. 35034/1- 1997 Estt. (D) dated 9.8.1999. Thus, the contention as expressed in the representation for placement in the higher Grade pay w.e.f. 1.12.2007 by ignoring the past upgradation which was granted earlier is not correct. Hence, the re-fixation of pay after merger of the posts of Technical Assistant (TA) and Technical Officer (S&R) into Technical Officer (S&R) w.e.f. 1.12.2007 does not arise.
4. In view of the above, it is, therefore, regretted that the request made in the aforesaid representation cannot be acceded to.
4. This issues with the approval of competent authority.”
3. Learned counsel for the respondents opposes the grant of relief in the present matter relying upon the averments contained in the counter reply.
4. Written submissions have already been filed by the respective parties.
5. Having heard the learned counsel for the parties and going through the records of the case, we draw reference to the fact that it is a noticeable fact in the present case is that in May, 2009 the Government of India has introduced MACP scheme replacing ACP Scheme, which became operational w.e.f. 01.09.2008. In fact, prior to the implementation of the MACP scheme and as well as the recommendation of 6th CPC. Keeping in view the r
