Review petition dismissed due to inordinate delay and laches; no ACPS benefits for Group A posts with feeder grades.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A) :

The instant RA has been filed by the applicant seeking review of the order passed by this Tribunal in OA No. 2690/2019 dated 01.08.2023 which was influenced by a misstatement made by his counsel stating that the reliefs regarding re-fixation of pay and pension were not being pressed. This statement was made without the applicant’s knowledge or consent as he was unaware of the proceedings due to his grave medical condition.

2. The factual matrix of the case is that the applicant was appointed on 14.03.1977 in the Office of the Development Commissioner (Handicrafts) Ministry of Textiles as Technical Supervisorin the pay scale of Rs.550-900 (subsequently revised to Rs.6500-10500). Thereafter on 20.11.1995, the applicant was promoted to the post of Assistant Director (Technology) in the pay scale of Rs.2200-75-4000 pursuant to the recommendations of the Departmental Promotion Committee duly approved by the Union Public Service Commission. Subsequently, the Central Government introduced the Assured Career Progression Scheme (ACPS) vide Office Memorandum dated 09.08.1999 providing for two financial upgradations on completion of 12 and 24 years of regular service. The applicant was granted the second financial upgradation under ACPS on completion of 24 years of service w.e.f. 01.11.2001 vide order dated 30.06.2005, based upon the recommendations of the Departmental Screening Committee under approval of the respondents. Upon implementation of the CCS (Revised Pay) Rules, 2008 the applicant’s pay was accordingly fixed in Pay Band-3 with Grade Pay of Rs.6000/-. Further, consequent to the recommendations of the 6^th Central Pay Commission the MACP Scheme was introduced and the applicant was granted third financial upgradation vide order dated 27.04.2010 w.e.f. 01.09.2008, enhancing his Grade Pay from Rs.6600/- to Rs.7600/- upon completion of 30 years of service. Subsequently, on 31.01.2015 the applicant superannuated from service upon attaining the age of superannuation and the Last Pay Certificate was issued to him on 03.02.2015 after due verification of his service records. However, after his superannuation the Central Pay & Accounts Office vide communication dated 04.03.2015 alleged that the second financial upgradation granted to the applicant under ACPS had been erroneously allowed and recommended recovery of the alleged excess payment. Pursuant to which the respondents vide order dated 06.05.2015 re-fixed the applicant’s pay retrospectively w.e.f. 01.11.2001 till the date of his retirement thereby withdrawing the benefit granted under ACPS. Aggrieved, the applicant submitted representations dated 21.05.2015 and 09.07.2015 however, the respondents issued PPO dated 11.08.2015 whereby his gratuity was reduced from Rs.10,00,000/- to Rs.6,55,495/- and an amount of Rs.2,44,505/- was recovered from his gratuity on the ground of alleged erroneous grant of ACPS benefit. The applicant challenged the said recovery by filing O.A. No. 4654/2015 before this Hon’ble Tribunal which was allowed vide order dated 06.02.2019 whereby it was held that the recovery was violative of the principles of natural justice for want of issuance of prior Show Cause Notice. In compliance with the said order the respondents issued a Show Cause Notice dated 07.03.2019 reiterating their decision regarding recovery. Aggrieved by the said, the applicant preferred a detailed representation dated 18.03.2019 refuting the allegations and justifying his entitlement to the financial upgradation. However, the respondents rejected the said representation vide letter dated 16.04.2019 and maintained that t