Union of India rep. By the Manager, Mail Motor Service v. V. Pandian
2010-09-08
ELIPE DHARMA RAO, K.K.SASIDHARAN
body2010
DigiLaw.ai
Judgment :- The writ petitions are directed against the order dated 8th July, 2008, whereby and where under the concerned employees were granted the pay scale of Rs.4500-7000 and other consequential benefits under the second Assured Career Promotion. 2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent. 3. The Central Government introduced an Assured Career Progression Scheme as recommended by the V Pay Commission with effect from 09.08.1999 for the Central Government Civilian Employees in all Departments. As per the said Scheme, the employees working under the Union of India, on completion of 12 years of regular service, are entitled for the first Financial Upgradation and on completion of 24 years of regular service, they are entitled for the second Financial Upgradation. According to the first respondent in all the writ petitions, they were granted the said benefit on completion of 12 years and on completion of 24 years of service, they were granted the pay scale of Rs.4,500-125-7000 which was later reduced to Rs.4000-100-6000. Aggrieved by the same, the employees have filed an original application before the Tribunal. 4. The Tribunal, on consideration of the facts and circumstances, allowed the original applications by holding that once the employees have been granted with first upgradation in the scale of pay of Rs.4000-100-6000 after completing 12 years of service, they are entitled for the second financial upgradation after completion of 24 years of service and hence, the action of the petitioner in issuing the corrigendum dated 20.08.2007 reducing the pay scale from Rs.4500-7000 to Rs.4000-6000 is not sustainable as per the ACP Scheme. According to the Tribunal, the very purpose of the Scheme was to extend the benefit of ACP Scheme to give upgradation in the next pay scale and not to keep in the same pay scale after granting second ACP. Feeling aggrieved, the petitioner is before us. 5. It is the contention of the petitioner that since the scale of pay fixed for the Circle Cadre Grade II, Grade I and ACP-I and ACP-II are one and same, that is, Rs.4000-100-6000, corrigendum dated 20-08-2007 was issued for revising the scale of pay. According the petitioner, there is no provision under the ACP to provide for a pay scale higher than the one applicable on promotion, if the scales of the feeder and the promotional post happen to be the same. 6.
According the petitioner, there is no provision under the ACP to provide for a pay scale higher than the one applicable on promotion, if the scales of the feeder and the promotional post happen to be the same. 6. On going through the materials, we are of the considered view that without amending the Scheme, the petitioner cannot review the pay scale on the basis of clarification. This view is supported by the judgment of the Supreme Court in Director General of Posts and others –vs- B. Ravindran and another reported in 1997 (1) SCC 641 . The very same issue was considered by a Division Bench of the Delhi High Court in W.P.(C) Appeal No.5887 of 2004 in Grade - I Dass Officers Association –vs- Secretary, Government of India and it was held that the objective of the ACP Scheme was to remove stagnation and give benefit under the said Scheme of financial upgradation in the next higher grade and no clarification could take way such vested right, unless and until amendments were made to the rules. 7. In view of the above, the order of the Tribunal is confirmed. The writ petitions are dismissed. Connected M.Ps. are closed. However there will be no order as to costs.