ACP-upgraded Group B officers entitled to NFSG Rs.5400 after 4 years in GP Rs.4800; M. Subramaniam judgment applies in rem to similarly situated persons.

ORDER (ORAL)

By Hon’ble Mr. Tarun Shridhar, Member (A):

MA No. 558/2024

This MA seeks condonation of delay in filing the associated OA. The delay as computed by the applicant is stated to be of 243 days. Notice was issued on 19.02.2024. However, despite reasonable opportunities, the respondents are yet to file any response to the MA. Further, we note that the subject of the OA and the relief prayed for relate to grant of an appropriate Grade Pay as also extension of Non- functional Grade and this constitutes a continuing cause of action. We have no doubt in opining that the matter deserves to be heard on merits and the reasons for the same would be clear in the following paragraphs. Accordingly, the MA is allowed.

O.A. No. 570/2024

Issue notice to the respondents.

Ms. Seema Grover, learned counsel, who appears for the respondents on advance service accepts notice and she fairly seeks a reasonable period of time to file an appropriate reply to the OA. While we recognize her right to file the reply, we also cannot ignore the fact that the subject of this OA has been adjudicated in a large number of OAs by different Benches of this Tribunal and the issue has been settled up to the level of the Hon’ble Supreme Court of India. Against this background, it would be wastage of the precious time of this Tribunal to keep dwelling upon the present OA. Moreover, judicial propriety and discipline also binds us to adhere to the adjudication already made on the subject. Although the applicant has annexed a large number of orders in support of his claim in the OA, we would like to reproduce the latest one dated 06.01.2022 in OA No. 3768/2018. The said order reads as under:

“Through the medium of this Original Application, filed under Section 19 of the Administrative Tribunals Act, the applicants are aggrieved by the orders dated 01.05.2018, 30.05.2018, 12.06.2018 and 30.07.2018 etc. whereby the respondents have refused to extend them the benefits of judgment dated 06.09.2010 passed by the Hon’ble High Court of Madras in W.P. (C) No.13225/2010 - M. Subramaniam v. Union of India & Ors., which was affirmed by the Hon’ble Supreme Court in Civil Appeal No.883/2011 on the ground that they were not parties neither before the Hon’ble High Court of Madras nor before Hon’ble Supreme Court in the aforesaid matters.

2. Succinctly put, the facts of the case are that the applicants were promoted as Intelligence Officer in DRI/DGCEI in the pay scale of Rs.5500-175-9000. The next promotional post of Intelligence Officer is Senior Intelligence Officer in the pay scale of Rs.7500-12000. One Mr. M. Subramaniam, Inspector of CBEC (equivalent to the post of Intelligence Officer in DRI/DGCEI), Chennai Zone was granted the first financial upgradation under the ACP Scheme w.e.f. 01.01.2004 in the pay scale of Rs.7500- 12000, which is the pay scale of Superintendent (equivalent to the post of Senior Intelligence Officer in DRI/DGCEI) in the hierarchy of post.

2.1 It is further noted that the Central Civil Service (Revised) Pay Rules, 2008, which came into effect from 01.01.2006, merged the pay scales of Rs.5500-9000 with Rs.6500-10500 and thereafter the said pay scales of Inspectors/Intelligence Officers were revised to PB-2 scale of Rs.9300-34800 with Grade Pay of Rs.4600. It is relevant to mention here that the pay scale of Superintendent/Senior Intelligence Officer was revised from Rs.7500-12000 to PB-2 scale of Rs.9300-34800 with Grade Pay of Rs.4800.

2.2 Meanwhile, the Government introduced the Modified Assured Career Progression Scheme (MACP) which has permitted the next higher Grade Pay on completion of 10, 20 and 30 years of service w.e.f. 01.09.2008. As per Resolution No.1/1/2008 dated 29.08.2008 issued by the Ministry of Finance and notified in the Gazette, all Group B officers (Intelligence Officers/Inspectors) of the Department of Revenue will be granted Grade Pa