Financial protections must be upheld during unilateral transfers, prohibiting recovery actions that violate established laws and welfare principles.

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Heard learned counsel both sides.

The factual facts are as under – The applicant joined the service as a Group D employee in the Ordnance Depot, Shakurbasti, Delhi on 06.05.1983. On 13.05.1985 he participated in the direct recruitment for the post of LDC and he was selected and appointed as LDC in Ordnance Depot. In August, 1994 the applicant was transferred to Ordnance Depot, Avadi on usual terms and conditions. On implementation of the recommendations of the 5^th CPC the Government of India introduced the ACP Scheme with effect from 09.08.1999. The applicant was granted the 1^st financial upgradation under the ACP Scheme in the scale of pay of Rs.4000-6000 with effect form 09.08.1999 by Order No.2607/Estt./NI Ordnance Depot, Avadi dated 16.06.2000, since he had not had any functional promotion in the grade of LDC for more than 12 years. On 01.01.2007 the applicant was functionally promoted as Upper Division Clerk in the Ordnance Depot, Avadi. Since the applicant was already in the scale of pay of Rs.4000-100-6000 by virtue of the ACP Scheme there was no pay fixation or monetary benefit to the applicant on his functional promotion to the post of UDC and the above event has been recorded in his service book and approved by the competent authority.

2. On 13.11.2006 the Integrated Headquarters, Ministry of Defence ordered unilateral transfer on compassionate ground to 39 persons including the applicant vide Order No.15984/Nov/1/2006/MP-4(Civ)(b) dated 13.11.2006, a copy of which has been produced as Annexure A-4. By this order the applicant who was working as UDC was reverted and posted as LDC in Southern Naval Command Headquarters. When the application was submitted for unilateral transfer he was a LDC at Ordnance Depot, Avadi. In fact, he was promoted as UDC in the interregnum. The movement order permitting the applicant to move to Headquarters SNC as LDC was issued on 30.04.2007 wherein it was clearly stated that the applicant was working as UDC and he joined as LDC at SNC on 01.05.2007. As per the last pay drawn certificate issued to the applicant from the Ordnance Depot he was drawing basic pay as on 30.04.2007 at Rs.4800/-. On joining as LDC the applicant’s pay was fixed at Rs.4800/- as basic pay ie., fixation to Rs.4100/- with effect from 09.08.1999 on ACP plus increments for 8 years.

3. On the introduction MACP Scheme on 01.09.2008 the applicant was granted 2^nd financial upgradation in PB-1 with Grade Pay of Rs.2800/- (pre-revised scale Rs.4500-7000) with effect from 01.09.2008 and on completion of 30 years of regular service he was granted 3^rd financial upgradation with effect from 13.06.2015 with Grade Pay of Rs.4200/- in PB-2 vide Civilian Establishment List No.32/2015 dated 10.07.2015. The applicant was promoted as regular UDC in the SNC on 01.05.2017 in Level 4 of 7^th CPC Pay Matrix in the scale of pay of Rs.25500-81100 (pre-revised Pay Band 1 of Rs.5200-20200 with Grade Pay of Rs.2400/-). However, since the applicant with the benefit of 2^nd MACP was already at Level 6 of 7^th CPC, no fixation was done on his promotion. The applicant was due to superannuate on 30.11.2020, therefore, on 11.06.2020 the SNC submitted the data sheet and service details of the applicant for sanction of pension/gratuity together with all the service records. On 19.08.2020 the service details and records of the applicant were returned by the Area Accounts Office, Navy, a copy of which is produced as Annexure A-10, stating as under :

On scrutiny of the