A redeployed surplus government employee is only entitled to carry their last drawn pay scale as a personal protection where no matching scale exists in the new department, and repeated representations do not constitute a fresh cause of action to bypass statutory limitation periods.

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

The applicant has filed this OA seeking re-fixation of his pay in the LDC cadre (ACP-I) in the scale applicable to that cadre in respondents' office from the date of his joining on 14/03/2005 with all consequential benefits.

2. It is stated by the applicant that he is working as Senior Accountant in the respondents' Office. Earlier, on his selection through the Staff Selection Commission, he was appointed as LDC in the pay scale of Rs. 3050-75-3950-80-4590 in the National Savings Organization, Tamil Nadu Circle, Chennai and had joined duty on 18.05.1990. On completion of 12 years, he was granted next higher pay scale of Rs.4000-100-6000 under the ACP Scheme w.e.f. 18.05.2002 and his pay was fixed at Rs. 4000/- with date of next increment on 01/05/2003 to Rs.4100/-. He was declared surplus by the said organization on 02/02/2005. Thereafter, on 14/03/2005, he was appointed by transfer on redeployment in the respondents' office as LDC vide Office order dated 21/03/2005. As no matching pay scale was available in the respondent’s office, applicant was permitted to carry his previous pay scale of Rs.4000-100-6000 (pre-revised).

3. Applicant further states that in the respondents' office, initial pay scale of LDC is Rs. 3050-75-3950-80-4590 (pre-revised) and that of LDC (ACP-I) is Rs.4500-125-7000 (pre-revised). Since applicant was taken on the strength of LDC cadre in the respondents' office w.e.f. 14/03/2005, his service merged with LDC cadre in respondents' establishment and therefore, his pay on joining duty as LDC (ACP-I) in the respondents' office should have been fixed at Rs.4500-125-7000 (pre-revised) at par with LDC (ACP-I) cadre in the respondents' office. Since there cannot be two establishments in LDC cadre in the same Office of respondents, applicant gave several representations requesting to fix his pay in the ACP-I scale available in the respondents' Office at Rs.4500-125-7000 from the date of his joining on 14.03.2005 with all consequential service and financial benefits. However, his claim was rejected by the 3rd respondent vide order dated 01/06/2012 and on 09/08/2021. Hence this OA.

4. Upon notice, the respondents have entered appearance through their counsel Mr. Su Srinivasan, SCGSC and filed their reply statement contending that applicant was appointed as Lower Division Clerk on 18.05.1990 in the pay scale of Rs.950-20-1150-EB-25-1500/- in National Savings Organization (NSO), Calcutta Regional Office. On completion of 12 years of service, the official was granted ACP-I w.e.f. 18.05.2002 in the scale of pay Rs.4000-100-6000 as applicable to NSO and the Pay was fixed as Rs.4000/-. Thereafter, the applicant was transferred on re-deployment by Surplus Staff Cell in public interest on 14.03.2005 F/N from NSO - Tirunelveli as LDC (ACP-I) to the respondent organisation in the pay scale Rs.4000-100-6000. On transfer to the respondent department, the applicant was fixed in the scale of pay Rs.4000-100-6000 as per the existing scale of pay in NSO. The applicant was granted second financial up gradation under MACP Scheme w.e.f. 21.05.2010 on completion of 20 years of service. Also, applicant was promoted to Junior Accountant cadre w.e.f. 04.08.2010 in lieu of passing the departmental examination for the year 2006. No fixation of pay was extended on promotion to J.A. cadre as the applicant had already earned MACP. Later, the applicant was promoted to Senior Accountant cadre w.e.f. 20.12.2013.

5. It is further contended that in the DPC meeting held for MACP-III on 19/26-08-2020 for the year 2020 to review the cases of Officials who have completed 30 years of service, the case of applicant was also reviewed, but