The court established that financial up-gradation under ACP must be granted in the next higher pay scale when feeder and promotional posts are in the same pay scale, upholding the principle of equality in public service.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicants have prayed for the following reliefs:-

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 21.12.2018 (Annex.A/1) declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to grant the financial up-gradation to the applicant in the pay scale of Rs.5500-9000 from due date under ACP Scheme and 2nd financial up-gradation under MACP Scheme in the grade pay of Rs.4600/- with all consequential benefits including the arrears of difference of pay and allowances by way of extending the benefit of judgment dated 15.09.2009 in OA No. 169/2009.

(ii) That the Hon’ble Tribunal may graciously be pleased to pass an order in case of not granting the above prayer (i) to the applicant for any reason or by treating the post of the applicant is an isolated post, the applicant may be granted the financial up-gradation under ACP Scheme as per the condition 7 of the ACP Scheme from due date with all consequential benefits including the arrears of difference of pay and allowances.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2. Highlighting the facts of the case, learned counsel for the applicant would draw attention that the applicant was appointed vide an Office Order dated 28.05.1990 to the post of Lab Technician (Group – IV) in the pay scale of Rs. 1200-2040. The applicant was nominated on regular basis and was allocated to the office of Drug Controller, Maulana Azad Medical College, New Delhi in the combined examination. The said office order of allocation was issued by Maulana Azad Medical College, New Delhi (Technical Recruitment Cell).

2.1. Thereafter, an office order came to be issued on 02.01.2001 by the Government of NCT of Delhi, wherein the pay scale was revised from Rs. 1320-30-2040 to Rs. 4500-125-7000 w.e.f. 01.01.1996 i.e. prior to the grant of ACP Scheme.

2.2. The applicant was granted the same pay-scale, pursuant to an office order granting first financial upgradation dated 04.06.2003.

2.3. It is the contention of the learned counsel for the applicant that identically placed Lab Technicians who were appointed alongwith the applicant herein, preferred an O.A. No. 169/2009 (Annexure-A/2) titled as Delhi Medical Technicians And Employees Association And Anr. Vs. Department of Health and Family Welfare , para 3 of which reads as under:-

“3. Earlier the Lab. Staff under the IV Central Pay Commission was covered as a separate common category. The Lab. Technicians who were in the pre- revised pay scale of Rs. 1320-2040 were placed in the pay scale of Rs. 1400-2300 and as per paragraph 55.149 of the recommendations of the V Central Pay Commission various scales in the Lab. Staff were merged and the Lab. Technicians have been placed in the pre-revised pay scale of Rs.1400-2300 along with TAs who were under the replacement pay scale of Rs.4500-7000 vide order dated 16.4.1998, issued by the Ministry of Health and Family Welfare. This recommendation was accepted by the Government of NCT of Delhi and Lab. Technicians have been fixed in the pay scale of Rs.4500-7000.”

The same was came to be disposed of vide order dated 15.09.2009, by holding as under:-

9. We have carefully considered the rival contentions of the parties and perused the material on record. As per the recommendation of the V CPC of bringing Lab. Technician staff, both feeder and promotion category in the pay scale of Rs.4500-7000 is not only accepted, by the Central Government but also adopted on approval by the Govt. of NCT of Delhi insofar as Lab. Staff is concerned. The ACP Scheme is also accepted and as per the Scheme of 9.8.1989 in a situation where both feeder and promotion categories are placed in the same