ORDER

PER: RAJINDER SINGH DOGRA, MEMBER (J):

The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:

“8.1] To set aside and quashed the Impugned Re-Pay fixation Order of the Applicant bearing Nos. AIR/GUW 10(2)/2015-S/2956 dated 03/06.11.2017, AIR/GUW 10(2)/2015-S/3121 dated 13.11.2017, AIR/GUW 10(2)/2016-S/3522 dated 16/17.01.2018, & AIR/GUW 13(2)/2017-S/PEN (RKP)/640 dated 28.05.2018. (at Annexure-A (Colly).

8.2) To direct the Respondents to grant the Regular pension to the Applicant as per Pay fixation order under Central Civil Services (Revised pay) Rules 2016 dated 11.08.2016.

8.31 To pay the cost of case to the Applicants.

8.4] Any other relief (s) that may be entitled to the Applicants.”

2. Applicant was appointed as Programme Executive in All India Radio on 01.02.1993 at Pasighat under the Ministry of Information & Broadcasting, Government of India. Thereafter, he had served in Tezpur, Guwahati and Prasar Bharati Marketing Division, North East Region, Guwahati All India Radio & Doordarshan. Lastly, he was promoted to the post of Assistant Director (Programme), All India Radio, Guwahati on 01.07.2016 on ad-hoc basis. He retired from service on voluntary retirement w.e.f. 31.12.2017 (AN). In pursuance of Office Order dated 30.11.2005 issued by the Director General of All India Radio, New Delhi, the Station Engineer, All India Radio, Tezpur by office order dated 22.05.2006 had re-fixed the pay scale of the Applicant w.e.f. 01.01.1996. Respondents have fixed the Pay Scale of the Applicant under Central Civil Service (Revised Pay) Rules 2016 on 11.08.2016 wherein the Basic Pay of the Applicant has been fixed at Rs. 1,01,400/-.The Respondents by Order dated 06.11.2017 has re-fixed the pay scale of the Applicant in supersession of the earlier pay fixation order 22.05.2006 by reducing the Basic Pay scale of the Applicant Rs.92,700/-after more than 11 years of earlier pay fixation without giving him prior notice or any hearing. Again on 13.11.2017, the respondents had re-fixed the pay scale of the Applicant by reducing the Basic Pay scale and on 17.01.2018 has re-fixed the pay scale of the Applicant. Lastly, on 28.05.2018 the Respondents have again re-fixed the pay scale of the Applicant. Due to re-fixation of pay scale from time to time without any notice and whims of the Respondents, the Applicant is not getting his regular pension and granted provisional pension. Applicant prayed for granting of regular pension on the basis of pay fixation order dated 11.08.2016 under Central Civil Services (Revised Pay) Rules, 2016.

3. Respondents filed written statement and states that state that the earlier impugned pay fixation order dated 3/6.11.2017,13.11.2017 and 16/17.01.2018, as mentioned therein, had been superseded by the impugned order dated 28.05.2018 and as such, there is no question of quashing the aforesaid impugned orders by this Tribunal at this stage, as prayed for by the applicant. It is further stated as per DG AIR ID No.04/40/2017-SI(B) dated 16.04.2018, whereby it has been clarified that grant of 1st ACP to the applicant w.e.f.01.02.2005 is in order. The benefit of pay fixation by granting 1st MACP w.e.f. 01.09.2008 and the 2nd MACP w.e.f. 01.02.2013 is also not admissible to the applicant. Moreover, stepping up of his pay as per the earlier order is also found to be not in order. However, the matter of stepping up is sub judice in OA No.1956/2015(S.S. Pandian & Ors. Vs. Union of India & Ors.) and other connected matters before the CAT Principal bench, New Delhi.

4. Respondents further state that as per the DG, AIR ID dated 16.04.2018, the pay of the applicant is yet to be re fixed by A.I.R, Guwahati w.e.f. 01-02-2005 in the grade pay of Rs. 5400(pb-3) after grading of MACP. However, the applicant has not challenged the said DG,AIR ID dated 16.04.2018 in the present Original Application