The court established that past service rendered by employees in certain organizations counts for career progression benefits, affirming equal treatment and entitlement under administrative guidelines.

ORDER

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. This Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985 against the order dated 4.12.2018 (Annexure A-1), whereby the claim of the applicants for grant of benefit of the 1^st ACP in the pay scale of Rs. 5500-9000 and 2^nd ACP in the pay scale of Rs. 6500- 10,500/- and 3^rd MACP in the pay scale of Rs. 9300-34800 + G.P. 5400/- on completion of 30 years has been rejected by the respondents.

2. By filing the present Original Application, the applicant has sought the following relief(s):-

ii). That the impugned order dated 04.12.2018(A-1), be quashed and set aside being illegal, arbitrary and against the law.

iii). That the respondents be directed to grant benefit of 1^st ACP in the pay scale of Rs. 5500-9000 and 2^nd ACP in the pay scale of Rs. 6500-10,500/- and 3^rd MACP in the pay scale of Rs. 9300-34800 + G.P. 5400/- on completion of 30 years or w.e.f. 01.01.2006 instead of 01.08.2009 along with all consequential benefits like arrears of pay and allowances and revised pensionary benefits etc with interest @ 12% p.a. by extending the benefit of decision rendered by this Hon'ble Tribunal in the case of Safdar Ali (supra) and affirmed by the Hon'ble Punjab and Haryana High Court.

3. The facts as detailed in the Original Application are that the applicants joined Beas Construction Board (hereinafter ―BCB‖) as Clerks between 12.03.1974 and 20.06.1977 in the pay scale of Rs. 110–250, later revised to Rs. 400–600 on the recommendation of the 2nd Pay Commission. While working in BCB they were treated as drawing PSEB pay scales which were considered Central pay scales. After the judgment of the Hon’ble Apex Court in Jaswant Singh vs. Union of India , AIR 1980 SC 115 , the applicants were declared quasi-permanent on completion of three years’ service.

4. On completion of the Beas Project the applicants were declared surplus and re-deployed to the Income Tax Department (other surplus employees were re-deployed to CSD, Central Excise, BSNL, etc.). On absorption they were initially placed on lower departmental scales (e.g. Rs. 260– 400, later Rs. 950–1500 w.e.f. 01.01.1986) and subsequently benefited from judicial pronouncements which restored protected BCB scales. The applicants retired between 30.06.2007 and 30.04.2013.

5. In BCB the applicants had been getting Rs. 400–600; on re- employment their scales were adjusted (Rs. 260–400 → Rs. 950–1500 w.e.f. 01.01.1986). They were promoted to UDC (Rs. 1200–2040), then Tax Assistant on 30.04.1997 (Rs. 1350–2200, later revised to Rs. 4500–7000 w.e.f. 01.01.1996). Pursuant to the 5th CPC, the Government issued the ACP Scheme dated 09.08.1999 (Annexure A-2) providing two financial upgradations at 12/24 years; applicants were granted 2nd ACP to Rs. 5000–8000 on completion of 24 years. The MACP Scheme dated 19.05.2009 (operative w.e.f. 01.09.2008) providing 10/20/30-year upgradations is enclosed as Annexure A-9.

6. Following the decisions in Kashmiri Lal v. UOI and Union of India v. Nek Ram, DoPT issued instructions dated 11/15.04.2005 allowing re-deployed BCB employees to carry protected BCB pay scales into the departments where they were absorbed (Annexure A-3). Pursuant thereto the applicants were placed on protected scales (office order of applicant No.1 dated 21.11.2005 — Annexure A-4). Applicant No.1 submitted a representation dated 26.05.2008 (Annexure A-5) seeking 1st ACP (Rs. 5500–9000) and 2nd ACP (Rs. 6500–10,500); this representation was rejected by respondents by letter dated 11.05.2010 (Annexure A-6) on the ground that tw