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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) No. 7622/2014

SIS KAUR

..... Petitioner

Through:

Mr. Shanker Raju, Adv. with Mr.

Nilansh Gaur, Adv.

versus

JAWAHARLAL NEHRU UNIVERSITY

..... Respondent

Through:

Mr. Mohinder J.S.Rupal, Adv.

CORAM:

HON'BLE MR. JUSTICE V.KAMESWAR RAO

V.KAMESWAR RAO, J. (Oral)

1. The present petition has been filed by the petitioner challenging

the communication dated February 27, 2014, whereby the request of the

petitioner dated September 2, 2013 for grant of 2^nd financial upgradation

under MACP has been rejected on the ground that she had availed two

financial upgradations so far and the 3^rd financial upgradation will be

given to her on the completion of 30 years of continuous service with

effect from September 1, 1993.

2. Some of the few facts are, the petitioner initially joined the

respondent-University on December 7, 1990 as Technical Assistant in

2015:DHC:7613

the pay scale of Rs. 1400-2300. On September 11, 1992, the Executive

Council of the respondent-University accepted the recommendation of

the Cadre Review Committee, revising the pay scale of Senior Technical

Assistants from Rs. 1640-2900 to Rs. 2000-3500 with effect from

January 1, 1986. The relevant recommendation is as under:

without affecting the core scale of pay”.

3. Pursuant to a special drive for making recruitment of SC

candidates, the petitioner was appointed as Senior Technical Assistant on

September 1, 1993 in the pay scale of Rs. 2000-3500. With effect from

September 1, 1993, the pay scale of the petitioner was revised from Rs.

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2200-4000 under scheme for upward movement. Pursuant to the

recommendations of the 5^th CPC, the pay scale of the petitioner was

revised to Rs. 8000-13,500. It is a conceded position that the MACP

scheme has been implemented by the respondent-University for its staff.

It is the case of the petitioner that after completion of 20 years of service

in one scale without any promotion, the petitioner represented for grant

of 2^nd MACP in Pay Band-III in Grade Pay of Rs. 6600. By the

impugned order, the request of the petitioner was rejected.

4. The respondent in its counter affidavit do not dispute the aforesaid

facts. It is the case, on merit, that the grant of scale of Rs. 2000-3500 to

the petitioner with effect from September 1, 1993 was treated as personal

to her without affecting the core scale of pay of Rs. 1640-2900 of the

Senior Technical Assistant. According to the respondent, the grant of

scale of Rs. 2000-3500 instead of Rs. 1640-2900 is a first financial

upgradation which needs to be taken into consideration for grant of

MACP. In other words, it is the respondent’s case that the petitioner

having been granted two pay scales of Rs. 2000-3500 and Rs. 2200-4000

w.e.f. September 1, 1993, though the core scale of pay was Rs. 1640-

2900, the petitioner is entitled to the 3^rd financial upgradation under

MACP only after the completion of 30years of service i.e. August 31,

2023.

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5. Mr.Shanker Raju, learned counsel appearing for the petitioner

would submit that the grant of scale of Rs. 2000-3500 cannot be treated

as financial upgradation. According to him, the appointment of the

petitioner having been made in the scale of Rs. 2000-3500 with effect

from September 1, 1993, the stand of the respondent that the core scale

being Rs. 1640-2900, has no relevance. He concedes to the fact, that

grant of scale of Rs. 2200-4000 is a financial upgradation. In other

words, it is his case that only one financial upgradation has been granted

which entitles the petitioner 2^nd financial upgradation with effect from

September 1, 2008 or in the alternative, September 1, 2013 i.e. after

completion of 20 years.

6. Even though the petitioner has pleaded discrimination inasmuch as

one Mr. Baljeet Singh has been granted the benefit, as sought for by the

peti