O R D E R

HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicant in this O.A had entered service as Junior Hindi Translator in the Central Passport Organisation on 27.09.2001 in the scale of pay of Rs.5000-150-8000/- (pre-revised). This scale, it is submitted, was revised to Rs.9300-34800/- in Pay Band PB-2 plus Grade Pay of Rs.4200/- on the basis of recommendations of the 6th Central Pay Commission (6th CPC) with effect from 01.01.2006. The Department of Expenditure, Implementation Cell had issued an O.M on 24.11.2008 (Annexure A-1) revising the pay structure of official language cadre belonging to Central Secretariat Official Language Service (CSLOS) which included the pay scale of Junior Translator. This was revised to Rs.6500-10500/- with effect from 01.01.2006 with corresponding Pay Band in PB-2 with Grade Pay (GP) Rs.4200/-. Further, a Corrigendum was issued on 27.11.2008 (Annexure A-2) indicating that all Ministries/Departments are required to grant the revised pay structure as indicated in the table which had been approved for various posts in CSOLS for similarly designated Official Language posts existing in their subordinate offices.

2. After this on 13.11.2009 the Department of Expenditure, Implementation Cell issued another O.M vide F.No.1/1/2008-IC dated 13.11.2009 (Annexure A-3) on the subject “grant of the revised pay structure of Grade Pay of Rs.4600/- in the Pay Band PB-2 to posts that existed in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200/- in the Pay Band PB-2”. Vide this O.M it had been decided as follows :

“…...The matter has been considered and it has now been decided that the posts which were in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200/- in the Pay Band PB-2 will be granted Grade Pay of Rs.4600/- in the Pay Band PB-2 corresponding to the pre- revised scale of Rs.7450-11500/- with effect from 01.01.2006........”

3. The applicant has stated that the Government of India had introduced the Assured Career Progression Scheme (ACPS) for grant of financial upgradation to those who could not get their promotion within a specific period (12 and 24 years) though they were eligible for promotion. The said scheme was made effective from 09.08.1999. Later the CCS (RP) Rules, 2008 was brought into force with effect from 01.01.2006. Still later, the Modified Assured Career Progression Scheme (MACPS) replaced the ACP Scheme with effect from 01.09.2008. The contention of the applicant is that the pay scale of Rs.5000-8000/- which was the prescribed pay for Junior Hindi Translator was revised as Rs.6500-10500/- with effect from 01.01.2006 (as is evident from Annexure A-1 and Annexure A-2). The corresponding Pay Band was in PB-2 with GP Rs.4200/-. While this was so, as per Annexure A-3 O.M dated 13.11.2009 it has been decided that the pay scale of Rs.6500-10500/- is to be replaced with Rs.7450-11500/- which had a corresponding Pay Band of PB-2 with GP Rs.4600/-/. Disputes had arisen with respect to grant of financial upgradations under ACP and MACP with regard to the cases of Junior Hindi Translators. The same was given a finality by the orders of this Tribunal in O.A.No.107/2011 finding that the upgradation in the case of Junior Hindi Translator is peculiar in view of merger as well as revision of pay scale of Junior Hindi Translators. A copy of the order in O.A.No.107/2011 has been produced at Annexure A-4. This order was later confirmed by the Hon'ble High Court of Kerala in O.P. (CAT) No.467/2012 which has been produced at Annexure A-5. Further the judgment of the Hon'ble High Court of Kerala at Annexure A-5 has since been confirmed by the Hon'ble Supreme Court in order dated 15.10.2012 in SLP (Civil) No.28536/2012, a copy has been produced at Annexure A-6.

4. Further, the Tribunal had considered O.A.No.953/2012 filed by one