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2024 Supreme(Online)(CAT) 9830
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta Sen, Judicial Member, Sumeet Jerath, Administrative Member
Dipen Kumar Hazarika – Appellant
Versus
Union of India – Respondent
Original Application No. 046/00336/2021
For the Appellants/Petitioners: Sri M. Chanda
For the Respondents: Sri A. Kundu, Addl. CGSC
CSBOs entitled to MACP financial upgradation in specified grade pays in lieu of TOBP despite Clause 13 prohibition, as discriminatory to deny when allowed for drivers and postal employees; binding on coordinate benches and implemented orders.
Headnote:(A) Modified Assured Career Progression (MACP) Scheme - Para 13 - Financial upgradation - Civilian Switch Board Operators (CSBO) - Time Bound Promotion (TOBP) scheme cannot run concurrently with MACP - However, where government has allowed concurrent application for drivers and postal department has adopted MACP, denying MACP to CSBOs in lieu of TOBP discriminatory - Employees entitled to financial upgradation in grade pay of Rs.4200, 4600, 4800 on completion of 10, 20, 30 years regular service under MACP with consequential benefits including arrears and pension refixation for retired employees - Binding nature of coordinate bench decisions and departmental implementation order despite dismissal in limine of SLP by Apex Court. (Paras 10, 12, 16)
(B) Precedents - Dismissal in limine of SLP by Apex Court - Not laying down law but coordinate bench orders and High Court affirmations binding on Tribunal - Departmental implementation of earlier CAT order creates estoppel against discrimination of similarly placed employees. (Paras 10, 12)
Facts of the case:
Applicants, serving and retired CSBO Grade-I under Ministry of Defence, sought financial upgradation under MACP scheme following CAT Principal Bench order granting same benefits to similarly placed employees, affirmed by High Court, SLP dismissed in limine, and implemented by department vide order dated 03.03.2021. Respondents opposed citing pending challenges to similar orders and Clause 13 of MACP prohibiting concurrent schemes.
Findings of Court:
Applicants similarly circumstanced entitled to MACP benefits in lieu of TOBP; respondents directed to grant financial upgradation with all consequential benefits within three months after verification.
Issues: Entitlement of CSBOs to MACP financial upgradation despite availing TOBP; binding effect of earlier CAT Principal Bench judgment and departmental implementation order; whether Clause 13 of MACP bars such grant.
Ratio Decidendi: Discrimination arises where government permits MACP alongside time-bound schemes for other categories but denies to CSBOs; employees cannot be denied choice between old and new schemes; coordinate benches and implemented orders binding notwithstanding pending appeals without stay.
Result: Original Application allowed with directions.
| Table of Content |
|---|
| 1. applicants seek macp financial upgradation benefits (Para 1 , 2 , 3) |
| 2. applicants rely on cat principal bench 2015 judgment (Para 4 , 5) |
| 3. respondents contest binding precedent of in limine dismissal (Para 6 , 7 , 8 , 9) |
| 4. macp allowable in lieu of tbop despite clause 13 (Para 10) |
ORDER(ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
This matter has been taken up by the Circuit Court at Kohima (Nagaland).
2. This petition has been filed by the applicants seeking for the following reliefs: -
“8.1 That the Hon’ble Tribunal be pleased to direct the respondents to grant to the applicants the benefits of financial upgradation under the MACP Scheme in terms of the judgment and order dated 26.10.2015 passed by the Hon’ble CAT, Principal Bench, and also in the light of the Govt. of India, Ministry of Defence, letter bearing No. 3(5)/2020-D(AF) dated 03.03.2021, in the Grade Pay of Rs. 4200, Rs. 4600 and Rs. 4800 on completion of 10, 20 and 30 years of regular service under the MACP scheme as early as possible, by way of re-fixing pay of the individual applicant and also re-fix the pay and pensionary benefit to the retired applicants, who have already retired on superannuation from service, with all consequential benefit, including arrear monetary benefit.
8.2 Costs of the application.
8.3 Any other relief (s) to which the applicants are entitled to, as the Hon’ble Tribunal may deem fit and proper.”
3. As per the applicants, they are serving in the cadre of CSBO in different establishments of Govt. of India, Ministry of Defence in North Eastern Region under the Administrative control of Director General of Sigs 4 (c), General Staff Shakha, Integrated HQ of Ministry of Defence (Army), New Delhi; and some of the applicants have already retired. Since they are similarly circumstanced with the applicants of O.A. No. 3204/2011 (Sh. Madhu Sudan & Ors. Vs. Union of India) wherein they had approached before the Central Administrative Tribunal, Principal Bench for grant of financial upgradation under MACP Scheme in the Grade Pay of Rs. 4200/-, Rs. 4600/- and Rs. 4800/- on completion of 10, 20 and 30 years of regular service in the cadre of Civilian Switch Board Operators (CSBO for short) Grade II/CSBO Grade I with all consequential benefit including arrear monetary benefit by way of re-fixation of pay and pensionary benefits in the case of the retired applicants.
4. It has been submitted by Sri M. Chanda, learned counsel appearing on behalf of the applicants that the Principal Bench of Central Administrative Tribunal vide Order dated 26.10.2015 (Annexure-A/1) had considered the same issue of similarly circumstanced applicants and directed the respondents to grant financial upgradation under MACPs in the Grade Pay of Rs. 4200/-, Rs. 4600/- and Rs. 4800/- on completion of 10, 20 and 30 years of regular service. Being aggrieved with, the respondents had preferred one Writ Petition being No. 3974/2017 before the Hon’ble High Court, which was dismissed by the Hon’ble High Court vide Order dated 09.05.2017. Against the said Order dated 09.05.2017, respondents had approached before the Hon’ble Apex Court in SLP No. 32936/2017, which was also dismissed by the Hon’ble Apex Court vide Order dated 15.11.2019; and in pursuant to that, the respondents vide their Order dated 03.03.2021 had implemented the Order of Central Administrative Tribunal, Principal Bench dated 26.10.2015.
5. Sri Chanda has further submitted that this Tribunal also following the judgment of the Principal Bench dated 26.10.2015 had passed an Order on 03.02.2023 in O.A. No. 043/00321/2021 (Annexure-R/3) in favour of the similarly situated individuals. Therefore, Sri Chanda has prayed for extension of similar benefits of the judgment and order dated 26.10.2015 passed by the CAT, Principal Bench in O.A. No. 3204/2011, which further affirmed by the Hon’ble High Court and Hon’ble Apex Court dismissed the appeal and Order of this Tribunal dated 03.02.2023 in O.A. No. 043/00321/2021 as wel
