Government actions without due process in financial matters are illegal and discriminatory.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Since a common question of facts and law is involved in the present batch of OAs, they are being disposed of through this common order. However, for the sake of brevity, the facts are being extracted primarily from OA No. 1733/2021.

Narrating the facts of the case, learned counsel for the applicants submitted as under:

1.1. The applicants have been appointed to the post of Pharmacist in Directorate of Health Services, Delhi in the year 2000 on different dates and are working in various Hospitals/Dispensaries of the Govt. of NCT of Delhi. It is submitted that the applicants have no promotional avenues.

1.2. The Govt. of NCT of Delhi, Health and Family Welfare Department Technical (Recruitment Cell) vide an order dated 20/09/2013 issued clarification regarding implementation of Fast Track Committee recommendations in r/o Common Category of Pharmacist to the HODs of all Hospitals/Medical Institutions, clarifying that every financial up-gradation including non-functional grades granted have to be treated as an offset against one financial up-gradation under the scheme. Pharmacists (entry grade of Rs.2800/- in PB-I) with NF Grade in the GP Rs.4200/- on completion of 2 years of service is eligible for 2nd and 3rd financial up gradation under MACPs in the GPs Rs.4600/- and Rs.4800/- only.

1.3. The Govt. of NCT of Delhi, Department of Health & Family Welfare (Paramedical Section) issued a Circular dated 09/08/2016 mentioning that the Finance Department, GNCTD has already opined that as per the provisions laid down in DOP&T OM dated 19/05/2009, there shall be three financial up gradation under the MACPs, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Thereafter, the respondents constituted a screening committee which divided the post of Pharmacist into three categories, i.e., Category-1 of Pharmacist, who joined on/after year 2004, Category-II of Pharmacist, who joined in the year 2000 and category-III of Pharmacist, who joined in the years 1984 and 1992.

1.4. Learned counsel for the applicants argued that, the applicants were granted first Non-functional up gradation in the Grade Pay of Rs.4200/- w.e.f. 1.1.2006 and second MACP in the Grade pay of Rs.4600/- w.e.f. 2012 as per the recommendation of Screening Committee as approved by the Govt. of NCT of Delhi, Directorate of Health services, the pay of the applicants was fixed accordingly and arrears were also paid to them by the respondents. He further submitted that the applicants were rightly granted 1st and 2nd MACP in terms of order dated 27.07.2021 (annexed as Anenxure A/5 to the OA) issued by the respondents. Learned counsel, however, averred that without going through the order dated 27.07.2021, the respondent No.3 issued orders dated 08.07.2021 & 10.08.2021 for re-fixing the pay of the applicants and ordering recovery of the excess amount from the applicants without issuing any show cause notice and affording an opportunity of hearing, which is not only illegal, unjust, arbitrary, discriminatory but also violative of principles of natural justice.

1.5. Furthermore, learned counsel for the applicants submitted that the applicants made representations annexed at Annexure-A/6 (Colly) to the respondents ventilating their grievance against the orders dated 08.07.2021 and 10.08.2021 passed by the respondents, but to no avail.

1.6. Being aggrieved of the aforesaid, the applicants have preferred the present OA seeking therein the following reliefs:

“(a) Quash and set aside the Impugned Orders dated 08/07/2021 and 10/08/2021 (Annexure-A/1(Colly) declaring as illegal, unjust, arbitrary and violative of principles