Research › Search › Judgment

Uttarakhand High Court · body

2024 DIGILAW 399 (UTT)

Union of India v. Central Administrative Tribunal

2024-06-11

MANOJ KUMAR TIWARI, PANKAJ PUROHIT

body2024
JUDGMENT : Manoj Kumar Tiwari, J. Union of India has filed this writ petition challenging the judgment and order dated 29.04.2015, passed by Central Administrative Tribunal, Allahabad (Hereinafter referred to as “Tribunal”) in Original Application No.331/00013 of 2014. Operative portion of the said judgment is reproduced below:- “19. In our considered view, the present O.A. is very similar in principle to OA NO. 904 of 2012 decided by C.A.T. P.B New Delhi by an order dated 26.11.2012. While deciding that O.A., the Hon'ble Principal Bench has discussed another similar O.A. considered by Chandigarh Bench of this Tribunal namely O.A. NO. 103/03-88/2010 Rajpal S/o Tilak Ram Vs. Union of India and Ors. Hon'ble Principal Bench has also taken note of the fact that the judgment of the Hon'ble Chandigarh Bench has been upheld by the Hon'ble High Court of Punjab and Haryana in C.W.P No. 19397/11 by the decision dated 19.10.2011. The ratio laid down by the Hon'ble Principal Bench while deciding the O.A. NO. 904/2012 is "the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy........... (para 8 of the order dated 26.11.2012). While upholding this decision of the Principal Bench, the Hon'ble High Court of Punjab and Haryana has observed as follows:- "The entire objective of the introduction of the A.C.P/M.A.C.P Scheme is to elevate stagnation as regards an employee, who has a number of regular years of service on the same post without any avenue of promotion. It is under such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service of the same post. Under the A.C.P scheme of 1999, the financial upgradation were to be granted upon completion of 12 years and 24 years of regular service whereas under the M.A.C.P Scheme such financial upgradations are envisages upon completion of 10,20 and 30 years of service. The contentions raised on behalf of the petitioner (employers) if accepted would defeat the very objectives for which such scheme have been introduced". 20. The contentions raised on behalf of the petitioner (employers) if accepted would defeat the very objectives for which such scheme have been introduced". 20. Since the respondents have failed to address the grievances of the applicants even after a protracted period of over four years, it is only legitimate for this Tribunal to intervene in the matter by allowing the O.A. The respondents are, accordingly, directed to grant the 1st Financial Upgradation to the applicants in pay band-1 Rs.5200-20200 grade pay Rs.2400/- from the date that they have completed 10 years of regular service as prescribed under Rules. These directions shall be complied with within a period of two months from the date of receipt of a certified copy of this order subject to other conditions mentioned in the M.A.C.P Scheme.” 2. Respondent nos.2 to 40, serving as Skilled Workmen in Artisan Cadre, had filed Original Application No.331/00013 of 2014 before the Tribunal claiming Grade Pay of Rs.2400/- as Ist Financial Up-gradation under Modified Assured Career Progression (M.A.C.P.) Scheme, which was introduced vide order dated 19.05.2009 effective from 01.09.2008. The original application filed by respondent nos.2 to 40 was allowed by the Tribunal vide judgment and order dated 29.04.2015 which is under challenge in this writ petition. 3. It is not in dispute that Artisan Cadre before restructuring consisted of following three posts:- Sr. No. Name of post Grade Pay 1. Skilled Workmen 1900/- 2. Highly Skilled Workmen 2400/- 3. Master Craftsmen 2800/- Artisan Cadre was restructured vide order dated 14.06.2010, effective from 01.01.2006 and the post of Highly Skilled Workman was bifurcated into two posts (Grade-II and Grade-I). 4. The composition of Artisan Cadre after restructuring is as follows:- Sr. No. Name of post Pay Band Grade Pay 1. Skilled PB-1 Rs.5200-20200 Rs.1900/- 2. Highly Skilled Grade II PB-1 Rs.5200-20200 Rs.2400/- 3. Highly Skilled Grade-1 PB-1 Rs.5200-20200 Rs.2800/- 4. Master Craftsman PB-2 Rs.9300-34800 Rs.4200/- 5. Learned counsel for the petitioners submits that Assured Career Progression (A.C.P.) Scheme was introduced by Government of India w.e.f., 09.08.1999 and under the said Scheme two financial up-gradations were to be given to Central employees in the hierarchy of posts on completion of 12 years and 24 years of service. 6. He further submits that M.A.C.P. Scheme was introduced w.e.f., 01.09.2008 under which three financial up-gradations were admissible to Central Government employees on completion of 10, 20 and 30 years of service. 6. He further submits that M.A.C.P. Scheme was introduced w.e.f., 01.09.2008 under which three financial up-gradations were admissible to Central Government employees on completion of 10, 20 and 30 years of service. He further submits that till A.C.P. Scheme was in vogue i.e, upto 31.08.2006, none of the respondents had completed 12 years of stipulated service for Ist Financial Up-gradation and they became eligible for Ist Financial Up-gradation due to introduction of M.A.C.P. Scheme w.e.f., 01.09.2008. He further submits that the respondents were given their due under the M.A.C.P. Scheme, therefore, the judgment rendered by Tribunal is erroneous, which deserves to be set aside. 7. Mr. Darshan Singh, learned counsel appearing for the private respondents submits that under the A.C.P. Scheme, an employee is entitled to get grade pay of the next higher post, which is available in the line of promotion. He further submits that as per the applicable Rules, Skilled Workman is eligible for promotion to the post of Highly Skilled Workman, therefore as a natural corollary Skilled Workman is entitled to grade pay of Highly Skilled Workman, on completion of requisite length of service as prescribed in the M.A.C.P. Scheme. Thus, he submits that his clients are entitled to Grade Pay of Rs.2400/- which is admissible for the post of Highly Skilled Workman. He thus submits that Tribunal has given valid reasons for deciding original application filed by the private respondents and challenge thrown to the said judgment by Union of India is without any substance. 8. We find substance in the submission made by Mr. Darshan Singh, learned counsel appearing for the private respondents. Under the M.A.C.P. Scheme, pay-scale admissible for the promotional post is sanctioned to an employee upon completion of requisite length of service. 9. Admittedly, private respondents became eligible for Ist Financial Up-gradation after putting in prescribed length of service, therefore they were entitled to grade pay admissible for the next higher post available in the line of promotion i.e., Highly Skilled Workman. The restructuring of post has not made any change in the grade pay to which private respondents would be entitled to, as even after restructuring, the promotional post available to them carries grade pay of Rs.2400/-. Instead of granting grade pay of Rs.2400/-, the authorities granted grade pay of Rs.2000/- to the private respondents. Even though such grade pay does not exist in the hierarchy of Artisan Cadre. 10. Instead of granting grade pay of Rs.2400/-, the authorities granted grade pay of Rs.2000/- to the private respondents. Even though such grade pay does not exist in the hierarchy of Artisan Cadre. 10. The Tribunal is justified in observing that any up-gradation of Skilled Workers, as a consequence of normal promotion, would be in the Grade Pay of Rs.2400/- as Highly Skilled Grade-II. 11. We concur with the reasoning given by the Tribunal. Thus, there is no scope for interference with the judgment impugned in the present writ petition. 12. Accordingly, writ petition fails and is dismissed. No order as to costs. 13. Interim order, if any stands vacated.