CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00506/2018 Dated this, the 8^th day of September Two Thousand Twenty Five CORAM : HON’BLE MR. M. SWAMINATHAN, Member (J)

HON’BLE MR. SISIR KUMAR RATHO, Member (A)

N.K.S. Brahaspathy, S/o. N. K. Sivaprakash, No. 31/8, East Mada Street, Villivakkam, Chennai 600049. …..Applicant By Advocate M/s. C.Vigneswaran Vs.

1.Union of India, Rep by Secretary to Government, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110001.

2.The Indian Council of Medical Research, Rep by its Director General, Ansari Nagar, New Delhi 110029.

3.The Director, ICMR-National Institute of Epidemiology, Indian Council of Medical Research, TNHB, Ayapakkam, Chennai 600077. ….Respondents By Advocate Mr. M. Kishore Kumar, SPC (R2, R3)

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following reliefs:-

“(I) To Direct the respondents to grant 2nd MACP in the GP of Rs.5400 with Monetary Benefits from 01.09.2008 and (II) Pass such further or other orders as deemed fit in the facts and circumstances of the case.”

2. The facts of the case as submitted by the applicant, are as follows, in brief:-

2.1. It is submitted that the applicant herein was appointed as Personal Assistant on 07.04.1986. Thereafter on 01.06.1996, the applicant was promoted as Private Secretary in the 3^rd respondent's institution and has been serving till date. On implementation of the recommendations of the 6^th Pay Commission, the applicant was granted a Grade Pay of Rs. 4600/- in the Pay Band-2 of Rs. 9300-34800 w.e.f. 01.01.2006 by the respondents on

17.02.2010.

2.2. The applicant submits that the pay of Personal Assistants and Private Secretaries were rationalized by the Government, as a result of which both the posts were placed in the same grade pay of Rs. 4600/- on 15.9.2006. Further a proposal to give the GP of Rs. 4800/- to the Private Secretaries was pending approval with the Government. In the year 2012, when the MACP was implemented, the Grade Pay of Rs. 4800/- was not available for the post of Private Secretaries. The respondents granted GP Rs. 4800/- to the applicant as 1^st financial upgradation and GP Rs. 5400/- as 2^nd financial upgradation under the MACP scheme. However, the same was later withdrawn by the respondents stating that the 1^st financial upgradation to GP Rs. 4800/- and 2^nd MACP to GP of Rs. 5400/- is wrong and therefore the applicant was entitled to only one financial upgradation. This was unsuccessfully challenged by the applicant before this Tribunal and the applicant went on appeal before the Hon’ble High Court of Madras and the matter was remitted back for reconsideration.

2.3. It is submitted that in the meanwhile recovery was ordered and the applicant was pushed to several rounds of litigation. However, by the proceedings dt. 30.05.2017 of the Executive Council of the 2^nd respondent, the GP of Rs. 4800/- was granted for the post of Private Secretary w.e.f. 01.01.2006. However, the benefit has been granted notionally and the actual monetary benefits only from 01.01.2016. Further, the 2^nd respondent by its letter dt. 03.07.2017 had informed that the monetary benefits will be given only from 01.01.2016 in the GP of Rs. 5400/- under the 2^nd MACP and orders were passed on 15.12.2017 to that effect. However, since the order goes against the MACP Scheme, the applicant made a number of representations on 11.01.2018 and 28.02.2018 which evoked no response.

Aggrieved, the applicant has filed this OA seeking the aforesaid relief.

3. The main grounds relied upon by the applicant in support of his case are as under :-

i. The respondents, by way of office circulars cannot override a Scheme which was issued by the Government under the Constitution of India. In the instant case, the MACP Scheme recommended by the 6^th CPC under the powers vested under the constitution would override the order of the 2^nd respondent dt. 03.07.2017, wherein the benefits have been deni