Unilateral transfer under FR 15(a) protects ACP/MACP grade pay benefits from prior service without reversion or double benefit.

ORDER

Justice K.Haripal

Applicant is a UD Clerk in the Southern Naval Command Head Quarters in Kochi. She had commenced service in the Armed Forces Headquarters, Delhi on 01.09.1994 as LD Clerk. Thereafter, in 1999, she applied for a unilateral transfer on compassionate ground and thus was transferred from AFHQ Sena Bhavan to the Defence Services Staff College, Wellington, DSSC for short. At that time also, she was working as LD Clerk. Later, on completion of 12 years of regular service, without any functional promotion she was granted the 1^st financial upgradation under the ACP scheme to the scale of Rs.4000-6000 (pre-revised), which is the scale of UDC, with effect from 01.09.2006. This fixation was audited by the Area Accounts Officer and no functional promotion was granted to her while in DSSC. Then she was granted another compassionate transfer to Cochin Naval Command invoking FR 15(a). She was transferred on compassionate ground, under Annexure-A5. From Annexure-A4 it is clear that at the time of unilateral transfer to the Southern Naval Command, she was holding the substantive post of LDC and was receiving a basic pay of Rs.8740/- with grade pay of Rs.2400/- under ACP. At the time of joining the Southern Naval Command as LDC her pay was fixed with grade pay of Rs.2400/- reckoning the service she had rendered and her pay was protected. The applicant thus continued to enjoy the grade pay of Rs.2400/- under the ACP scheme read with FR 15(a) and her pay was fixed in the grade pay of Rs.2400/- in accordance with explanation given by the DoPT by harmoniously construing FR 15(a) and instructions governing the ACP scheme. This fixation was also approved by the Accounts Officer. From Annexure-A5 transfer order it is clear that 'in case where posting/transfer involves no change in trade/grade, the service rendered prior to such posting/transfer will be treated as continuous and the individuals may be allowed to draw the last pay drawn.' It is further stated that the date of increment will remain unaltered. Thus it is apparent that till her unilateral transfer in 2009 the applicant had never received any functional promotion in the previous establishments. She joined Southern Naval Command as LDC in bottom seniority. The Southern Naval Command had clearly accepted and admitted this fact and proceeded as if her service is continuous with bottom seniority in the entry grade. Southern Naval Command protected her basic pay of Rs.8740/- with grade pay of Rs.2400/- granted under the ACP. While so, she was qualified in the LDCE and functionally promoted in 25% quota as UDC in PB-I with grade pay Rs.2400/- with effect from 01.01.2013. But she received no financial benefit by virtue of the promotion. She was already drawing grade pay of Rs. 2400/- under the ACP scheme as early as from 2006.

2. Thereafter, on completion of 20 years of regular and continuous service she was granted 2^nd MACP in the grade pay of Rs.2800/- with effect from 01.09.2014; that was also audited and approved by the Area Accounts Officer.

3. On the introduction of 7^th CPC her pay was fixed at Rs.37000/- in level 5 (grade pay 2800 pre-revised). From Annexure-A8 also it is clear that this fixation was audited and approved by the office of the 3^rd respondent. Thus even in 2016 the respondents had accepted that the applicant is entitled for protection of grade pay of Rs.2400 obtained under the 1^st ACP and grade pay of Rs.2800/- under the 2^nd ACP. The audit remark of the 3^rd respondent categorically establishes that fixation was done in accordance with the extant Rules.

4. Now the applicant is aggrieved by Annexure-A1 comm