MACP requires placement in immediate next higher grade pay in pay band hierarchy; GP 5400 in PB-3 not higher than GP 5400 in PB-2; parity with similarly placed employees granted GP 6600 upheld.

ORDER

Per: Mr. Shri Krishna, Member (A)

The applicant has filed this Original Application under section 19 of the Administrative Tribunal Act, 1985 to claim following reliefs.

In view of the facts and legal grounds of para 4 & 5 above, the applicant prays following relief.

PRAYER: - It is, therefore, most humbly and respectfully prayed that the Hon'ble Members of the Tribunal be pleased to -

1. Call for the records of the case from the respondents,

2. quash and set aside the impugned order dt 18.09.2018 (Ann.A.1),

3. direct respondents to modify orders dt. 21.02.2011 (Ann.A.2), dt. 01.05.2012 (Ann.A.3) granting Grade Pay of Rs 6600/- instead of Rs 5400/- & further modify Order dt.10.09.2012 (Ann.A.4) of fixation of pay accordingly, and

4. direct the respondents to re-fix Grade pay to Rs 6600/- w.e.f. 30.09.2008 along with proper pay band, i.e. from the date the applicant was granted 3rd financial up- gradation under M.A.C.P. scheme

5. direct the respondents to pay arrears of difference of wages flowing from the refixation of grade pay from Rs 5400/- to Rs 6600/- with interest at 12% p.a. w.e.f. dt. 30.09.2008 i.e. from the date of 3^rd up-gradation under M.A.C.P. scheme was due to applicant till retirement on 01.04.2010.

6. and further direct the respondents to revise the pension and to pay arrears of pension and other retiral benefits with 12% p.a. interest calculated till date of actual disbursement.

7. Any other relief deemed fit and proper in the circumstances of the case may kindly be granted.

8. Allow the application with cost.

2. Brief facts as stated by the applicant in the Original Application are that he joined service on 01.10.1978 as District Savings Officer in the National Savings organisation of Government of India. In the course of service, he was working as Deputy Regional Director, in National Savings Organisation (NSO) from August 2001 to November 2007 at Nasik. The office of Deputy Director of National Savings was closed in December,2003 and surplus employees were placed under Redeployment cell (Personnel & Training) New Delhi.

3. It is averred that while working as National Savings Officer, the applicant was granted 1^st financial up-gradation under A.C.P. Scheme, on completion of 12 years of regular service, with effect from 09.08.1999 and was placed in the pay scale of Rs. 6,500- 10,500/-. He was granted 2^nd financial up-gradation under A.C.P. Scheme after completion of 24 years of regular service with effect from 01.10.2002 in pay scale of Rs. 7,500 – 12,500/-.

4. It has been averred that National Savings Organisation (NSO) was restructured into National Savings Institute w.e.f 29.10.2003 and surplus District Savings Officers/Dy Regional Directors were transferred on redeployment in other departments/office and those who were already granted 2^nd ACP of Rs. 7,500 – 12,500/- have been further granted re-fixation of pay in scale of Rs. 8,000 – 13,500/- with the order dated 22/31.07.2008 issued by Regional Director National Savings GOI, Nagpur addressed to Chief Commissioner of Income Tax, on account of restructuring of National Saving Organization to National Saving Institute.

5. Accordingly, applicant is pay scale was already refixed as on 01.07.2007 at Rs. 9,650/- in pay scale of Rs. 8,000 – 13,500/- within order dated 08.05.2008 issued by Regional Director National Savings, Nagpur.

6. The applicant was re-deployed under Income Tax Department Nagpur on 11.11.2007. Therefore, National Savings Institute issued letter to Chief Commissioner of Income Tax, Nagpur.

7. After retirement, applicant was granted 3^rd Financial upgradation under MACP scheme with back effect from 30.09.2008 i.e. when he was working as