Retired employees entitled to second ACP in Rs.8000-13500 w.e.f. date of SSS cadre restructuring (12.02.2002) upon completing 24 years service, as non-functional scales ignored and benefits granted in functional grades only, ensuring parity with juniors.

ORDER

PER: RASHMI SAXENA SAHNI, MEMBER (A)

1. All these five original applications were heard together and are being taken up for disposal by a common order, as was requested by learned counsel for the parties. For convenience facts are taken from the case of Dinesh Kumar & Ors. vs. UOI & Ors. (O.A. No.60/275/2019).

2. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

(b) Respondent’s letter dated 12.06.2017 and dated 13.02.2018 (Annexure A-1 and Annexure A-2) be quashed and set aside being arbitrary, illegal and unjust and discriminatory offending Articles 14 & 16 of the Constitution of India;

(c) Directions may kindly be issued to Respondents to grant the second ACP to applicants with effect from 12.02.2002 in the pay scale of Rs. 8000-13500 with all consequential benefits like arrears of pay and pensionary benefits as they have completed the requisite service of 24 years prior to that date and the order dated 18.12.2015 (Annexure A-8) be modified to that extent in respect of the applicants. 12% interest for the delayed payments may also kindly be allowed.

3. Facts of the case are as follows. Applicants joined service of National Sample Survey Organization (Field Operation Division) as Investigators during the period from 01.06.1974 to 19.07.1977 and they were promoted as Assistant Superintendents between 28.02.1983 to 31.05.1989. On 12.02.2002, subordinate Statistical Service (SSS) was constituted and all statistical functional posts of National Sample Survey Organization (Field Operation Division) i.e. Superintendents (Rs.6500-10500), Assistant Superintendents (Rs.5500- 9000) and Investigators (Rs.5000-8000) were restructured in 40:60 ratio. Thus, the cadre of Assistant Superintendent of National Sample Survey Organization (Field Operation Division) was re-structured by upgrading 861 posts in the pay scale of Rs.6500-10500 (scale of Superintendents) and applicants were the transferred to Subordinate Statistical Service. On 01.04.2004, they were absorbed as Statistical Investigators Grade-II in the pay scale of Rs.6500-10500, which was the scale of pay of Superintendents.

4. Govt. of India vide OM dated 09.08.1999 introduced the Assured Career Progression (AC) Scheme for the Central Government Civil Employees.

5. As the applicants have already received one regular promotion as Assistant Superintendent, they were entitled to only one financial upgradation under the ACP Scheme read with clarification No.1 dated 10.02.2000 (Annexure A- 3). On completion of 24 years of service, applicants No.1 to 4 were granted the benefit of financial upgardation under ACP Scheme w.e.f. 09.08.1999 and applicant No.5 was granted the benefit w.e.f. 19.07.2011, all in the pay scale of Rs.6500-200-10500. As per para 2 of letter dated 13.11.2017 (Annexure A-4), at the time of constitution of Subordinate Statistical Services (SSS) vide OM dated 30.01.2002, all statistical functional posts of NSSO (FOD) (i.e. Superintendents Rs.6500-10500) (Pre-revised Rs.1640-2900), Assistant Superintendents Rs.5500-9000 (pre-revised Rs. 1600-2660) and Investigator Rs.5000- 8000 (pre-revised Rs.1400-2300) were restructured (In 40:60 Ratio). Thus, the cadre of Assistant Superintendent of NSSO (FOD) was restructured by upgrading 861 posts in the pay scale of Rs.6500-10500 and remaining 527 posts were downgraded in the pay scale of Rs.5000-8000. However, it was specifically decided in the said restructuring