CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH ORIGINAL APPLICATION NO.1528/2017 PRONOUNCED ON: 11.07.2025 RESERVED ON: 01.07.2025 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Bimla Devi wife of Late Sh. Sushil Kumar, aged 60 years Upper Divison Clerk, UDC, Residential of G-11, Old Press Colony Nilokeri, Distt. Karnal now resident of 1-2/503, Maya Garden City, Zirakpur.

…. Applicant (By Advocate: Sh. Naveen Daryal).

Versus

1. Union of India through Secretary, Ministry of Urban Development and Poverty Alleviation, New Delhi.

2. Director of Printing, B-Wing, Nirman Bahwan, New Delhi.

3. Manger, Govt. of India, Press of Nilokheri, Distt. Karnal.

….Respondents (By Advocate: Sh. Sanjay Goyal, Sr. CGSC).

O R D E R

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-

“Direction to respondents for grant of 3 ^rd financial upgradation under the MACPS would be due on 01.10.2012 (on completion of 30½ years continuously regular service) in the immediate and next higher grade pay in the hierarchy of recommended revised pay band and grade pay i.e. Grade Pay of Rs.4600/- in PB-2 along with interest @18% p.a.”

2. Briefly stated, facts of the case are that Department of Personnel and Administrative Reforms, in consultation with the Ministry of Finance, issued Office Memorandum dated 27.02.1985 laying down terms and conditions for regulation of pay with regard to re-deployment of surplus staff of Beas Construction Board (Annexure A-1). DOPT issued office memorandum 27.01.1999, which stated that the ex-surplus employees of BCB, who had opted for Rajasthan State Electricity Board Pay Scales and whose pay fixation was made by the BCB in that pattern would be entitled to carry the RSEB pattern pay scales as personal to them in the post in which they had been Re-deployed (Annexure A-2). The applicant has been permanently absorbed in the Government Press of India, Nilokheri though a Central Government Employees after bifurcation. The pay of the applicant has K D AM EV L I A DD14SOSaaRLDF 08 86 o o i E iN e a In g D d5 0f c x a t R c : g i ea i 7d 2 t . s t a aC h2I : t 9a 0A o P e i l . o2 =87 b H5 n y L d D n0 I70 6 . : O N 8 N 4 s :2F d4 5 I e i U. , U 5 dd 9 g 6 a 4 R S . M 43 a n S5 m 0 6 e =a1 8 e =E 8 5 B a H8, c d t 1 . , E h d2 3 N aP 4 a O b e e0 Rd ao 4 r o y r = y 8 c = a s 01 1 a P V f f K t u e2 0 a 8 a n e e A t 96 : d e l h a 2 C r r 72 M 9 ds s o , 1 6 o3 fo i r P F : L 9 o 3 d 3 6 no A i 6 n h dre 3 0 af s a : o 5 = + b l D t t a, 2 n e h 1 0 a F E 6C 0 e 4 i 3 5 9 s l 6 2 =V N fo4 ' 0 3 5 9 5 d I o13 = 0 2 1 . o r1b 1 K ' b 5 c 6S d . e A6 0 u ,a ef eMm 9 S3 c 2 5 f t Le T4 b oc An Rc 5 r8 t 1 8 7 E 1 D 9 a 1 E d E f c Pb 2T V7 ca a= 8I fn dD 9 2 c 5 f O e 5h 9 c bk 9C 5 ,u e 7 h Tl f a 2 7a =, 4 f n 0 9 a d 0 5 d a 3 1 d n 8 1 6 , 2 a c f been protected by the respondent department. The pay scale of the Central Government Employees has been revised by the 5th pay commission. The applicant Ex-BCB employee presently working as LDC drawing pay scale Rs.3400-90- 5200 and completed 12/24 years in Government service, she is granted 1st up-gradation under the A.C.P. scheme or Central Government Employees in the pay scale of 4000-100- 6000 w.e.f. 09.08.1999 and 2nd up-gradation in the pay scale of Rs.5000-150-8000 (i.e. pay scale of O.S. II) w.e.f.

26.09.2004.

3. As per the MACPS dated 19.05.2009 (Annexure 1) the 2nd ACP of complacence of 10 years in the GP pay of i.e. 8+10- 18 years, whereas pay scale 4200 official get 2nd promotion on compliance of 5 years from 2nd ACP (i.e. 18+ 5 years 23 years of service) and the 3rd ACP on compliance of 30 years service i.e. 4600 Annexure A-4. Those who has been placed in a higher pay scale between 01.01.2006 and the date of notification of these Rules on account of promotion, up- gradation of pay scale etc., the Government serva