Highly Skilled Tradesmen with pre-2006 ACP in Chargeman scale entitled to 3rd MACP Grade Pay Rs.4800/-; downgrade without notice quashed; recoveries refunded with interest; MACP follows Grade Pay hierarchy delinked from promotions.

Per: Sangam Narain Srivastava, Member (A)

The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8(a) To allow the application.

8(b) This Hon'ble Tribunal be pleased to quash and set aside the Daily Order Part - 1 bearing no. 75/Est. (Ind) dated 15th Feb 2022 (Annexure A1), DO Part-II No. 29/IND/ 2022 dated 17th Feb 2022 (Annexure A2), DO Part-II No. 32/IND/ 2022 dated 21th Feb 2022 (Annexure A3), DO Part-II No. 49/ IND/ 2022 dated 19 March 2022 (Annexure A4).

8(c) The Hon'ble Tribunal be pleased to give direction to the respondent no. 4, 5, 6 and 8 not to reduce the Grade Pay of Rs. 4800/- to Rs. 4600/- and Pay Level from 08 to 07 in the Pay Matrix under 07th CPC till the O.A is finally heard and decided. Interim prayer in terms of clause 8(c) may kindly be granted.

(d) The Applicants may be allowed to submit joint Application as cause of action is identical in accordance with Rule 4(5) of the Central Administrative Tribunal (Procedures) Rules, 1987.

(e) Any other or further order(s) may be granted in the Interest of Justice.

(f) Cost of the application may be awarded in favour of the Applicants.”

2. The facts as narrated by the applicants are that they were recruited on or after 01st July, 1986 as Highly Skilled Tradesmen in the different Workshops of the respondents with initial Grade Pay of Rs.2400/- or the equivalent Pay Scale as it existed prior to 01st January, 2006. It was submitted that the Pay Scale of Machinist was upgraded from 260-350/- to Rs. 330-480/- as per the recommendations of the 3rd Central Pay Commission (CPC) and the applicants were appointed in the Grade Pay of Rs.330-480/- which came to be revised as Rs.1200-1800/- under 4th Central Pay Commission (CPC). Some of the applicants, who are in the trade of Telecom Mechanic (TCM), Instrument Mechanic (IM), Tool Makers and VM (AFV) were appointed in the Pay Scale of Rs.1320-2040/-.

2.2 It is submitted that the Pay Scales of Rs.1200-1800/- and 1320-2040/- came to be merged and revised as Rs.4000-6000/- under the 5th Central Pay Commission (CPC) by merging the grades of Highly Skilled-II and Highly Skilled-I as Highly Skilled. The ACP Scheme of the Government of India came into effect from 09th August, 1999 and the applicants were given their First Financial Upgradation under the ACP Scheme in the Pay Scale of Rs.5000-8000/- (Revised Grade Pay of Rs.4200/-) which was applicable to the post of Chargeman as per the promotional hierarchy consequent to passing of prescribed supervisory trade test. Subsequently, the ACP scheme was replaced by MACP in terms of which employees became eligible for three Financial Upgradations on completion of 10, 20 and 30 years of regular service. Accordingly, the applicants were granted 2nd Financial Upgradation in the Pay Scale of Rs.9300-34800/- plus Grade Pay of Rs.4600/- in Pay Band–II w.e.f. 01st September, 2008.

2.3 It is further submitted that on completion of 30 years of service, they were eligible for 3rd Financial Upgradation in the Pay Scale of Rs. 9300-34800/- plus Grade Pay of Rs.4800/- in PB-II in Pay Level 08. The applicants were granted Grade Pay of Rs.4800/- on 01st January, 2016. According to the applicants, Respondent No.4 after a lapse of seven years, vide Daily Order Part-I dated 15th February, 2022 informed that the revision of pay in respect of the Industrial Employees who were granted 3rd MACP in the Grade Pay of Rs.4800/- would be carried out with immediate effect as per the directions of the Directorate General