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Judgment
Mohan Pyare, Member (A)
O.A./678/2013 and O.A./679/2013 have been clubbed and heard together and are being decided by a common judgement. Present Original Applications have been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
“i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned Office Order dated 08.07.2010 with the direction to the respondents to modify the same and to grant the first and second financial benefits under the MACP Scheme on completion of 10 years and 20 years of regular service from the date of appointment into the entry grade in the Grade Pay of Rs.4800 and Rs.5400 with effect from 01.09.2008 itself (Annexure-1 to Compilation No. ‘I’ of this petition.
ii) to issue a writ, order or direction in the nature of Mandamus directing the Respondents herein to re-fix the pay of the petitioner accordingly and to pay the arrears thereof together with interest thereon @ 12% per annum,
iii) to issue any other and further suitable writ, order or direction which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.
iv) to award cost of this petition in favour of the petitioner.”
Brief facts of the cases are that the applicants were appointed as junior translators in the respondents’ department w.e.f. 26.06.1985 and 28.06.1985 respectively in pay scale of Rs.425-700, their pay scales were revised to Rs.1400-2300 as per IVth C.P.C. w.e.f. 01.01.1986 which was upgraded from Rs.4500-7000 to that of Rs.5000-8000 w.e.f. 01.01.1996 and they were allowed the first financial benefit w.e.f. 09.08.1999 under the ACP Scheme vide Office order dated 10.05.2000. Vide order dated 22.06.2001, first financial benefit was revised and granted in next higher pay scale of Rs.5500-9000 to the applicants w.e.f. 09.08.1999 itself. Vide order dated 19.02.2003, the pay scale was upgraded from Rs.5000-8000 to Rs.5500-9000 w.e.f. 11.02.2003. VIth C.P.C. came into effect from 01.01.2006 which merged the Pay Scales of Rs.5000-8000, Rs. 5500-9000 and Rs.6500-10500 in Pay Band 2 Rs.9300-34800 plus Grade Pay Rs.4200 w.e.f. 01.01.2006. Vide the impugned order dated 08.07.2010, the applicants have been granted the benefit of 2nd MACP in the grade pay of Rs.4800 which the applicants have claimed to be illegal in the face of the provision of the 5th para of the MACP Scheme OM dated 09.05.2009.
We have heard learned counsel appearing for the parties.
Submission of learned counsel for the applicant is that the case of the applicants in these cases are similar and squarely covered by the judgement of the Ernakulum Bench of this Tribunal passed in O.A.No. 107 of 2011- T.P. Leena vs. UOI & Ors which has been confirmed by the Hon’ble High Court of Kerala at Ernakulum vide judgement dated 21.06.2012 and also by the Hon’ble Supreme Court vide judgement dated 15.10.2012. Thus, learned counsel for the applicant has argued that the applicants in both the cases are entitled to be allowed first and second financial upgradations under the MACP Scheme on completion of 10 years and 20 years regular service in the Grade Pay of Rs.4800 and Rs.5400 w.e.f. 01.09.2008 itself.
Learned counsel for the respondents has argued that the applicants were granted the benefit of first ACP from pay scale of 4500-7000 to 5000-8000 as on 09.08.1999, however, pay scale of Rs.4500-7000 was replaced to Rs.5000-8000 vide order dated 29.01.2001 w.e.f. 01.01.1996, accordingly the 1st ACP was revised to next higher pay scale of Rs.5500-9000 from 09.08.1999. Further, according to the letter dated 24.11.2008, the pay scale of Junior Hindi Translator was revised to 6500-10500 with effect from 01.01.2006, consequently, the 1st ACP was also revised and next higher pay scale of Rs.7450-11500 (1st Upgradation) was granted w.e.f. 01.01.2006. Now, as per 6th CPC, the pay scale of Rs.7450-11500 was fixed in 9300-34500 with grade pay 4600 vide office order dated 08.07.2009. After the introduction of the MACP Scheme w.e.f. 01.09.2008, the applicants were granted upgradation under MACP on 19.09.2008 to the next higher grade pay of Rs.4800 (2nd Upgradation). Thereafter, after completion of 30 years, the applicants were granted 2nd MACP upgradation to the grade pay of Rs.5400 (3rd Upgradation in overall service).
Learned counsel for the respondents further submitted that it is clear that the Pay Scale of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 were merged by the VIth CPC w.e.f. 01.01.2006 but it would be relevant to assert that the Pay Scale of the applicants was 7450-11500 at that time and the same has not been merged as per MACP rule para 5, so this is no case for ignoring benefit under the ACP Scheme.
In his rejoinder, learned counsel for the applicant has further placed reliance on the judgement of the Allahabad Bench of this Tribunal in O.A./489/2019 (Narian Singh and ors vs. UOI & ors) decided on 29.03.2023 and stated that the applicants are also similarly situated.
We have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
Perusal of the records reveals that the facts involved in the present matter is similar to the facts of O.A.No. 107 of 2011- T.P. Leena vs. UOI & Ors decided by the Ernakulum Bench of this Tribunal whose order has been confirmed by the Hon’ble High Court of Kerala at Ernakulum vide judgement dated 21.06.2012 and also by the Hon’ble Supreme Court vide judgement dated 15.10.2012. The order of the Hon’ble Supreme Court dated 28.04.2021 in CA No.1579/21 (SLP (C) No.15572/2019) in Union of India vs R.K. Sharma & others referred to in the DoPT OM dated 13.07.2021 which has been cited by the respondents in the Supplementary Counter Affidavit bears no relevance to the present matter and is merely a direction to the Ministries/Departments to dispose of all pending grievances seeking grant of benefit w.e.f. 1.1.2006 under MACP Scheme and to defend various Court Cases and further suitable actions.
Ernakulum Bench of this Tribunal in T.P. Leena Vs. Union of India (supra) case, has upheld the applicability of para 5 of the MACP Scheme which states that “Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS.” in the case of the applicant therein. The facts were similar and the observation made therein is as under:
“...Thus, though the pay scale of Junior Hindi Translator underwent upward revisions (from the initial scale of Rs.4,500-7000 to ultimate pay scale of Rs.7,450-11,500/-), practically, the applicant remained in the same post without any promotion for twenty years. This makes her eligible to two financial upgradations one on completion of ten years of service or 01-09-2008 whichever is later and the other on completion of 20 years. The upgradation shall be in respect of the grade pay i.e. Rs 4,800/- and Rs.5,400/- respectively. Thus, w.e.f. 01-09-2008 the pay scale of the applicant shall be 9,300-34,800 with grade pay of Rs. 4,800/- and w.e.f. 30-03-2010 the pay scale and grade pay of the applicant should be Rs. 9,300-34,800 and Rs. 5,400 respectively. It is the same which has been claimed by the applicant and this is the same which has been observed by the internal audit as well, vide MA 1 (para 7). The claim of the applicant is not based on the pay scale applicable to the Central Secretariat Services but one purely within the ambit and scope of the provisions of the MACP including para 5 of the Scheme, which is applicable to the facts and circumstances of this case.
In view of the discussion as in the preceding paragraphs the OA succeeds. The impugned order at Annexure A-1 and A-2 are hereby quashed and set aside. Respondents are directed to pass suitable orders, revising the pay of the applicant as hereunder:-
(a)W.e.f. 01-09-2008: admissible pay in the scale of Rs.9,300-34,800 with grade pay of Rs.4,800/-
(b)W.e.f. 30-03-2010: Admissible pay in the scale of Rs 9,300-34,800 with grade pay of Rs.5,400/-.
Arrears arising from the above fixation of pay shall also be made available to the applicant.”
The aforesaid order has attained finality and it has also been implemented. Similarly situated applicants in O.A./489/2019 decided by this Bench of the Tribunal vide order dated 27.03.2023 have also been extended the benefits as granted in the case of T.P. Leena’s (supra) case. Thus, the impugned order dated 08.07.2010 with respect to the applicants of both the O.A.s are quashed. Respondents are directed to extend the benefits of the aforesaid T.P. Leena’s case to the applicants also.
Thus, both the O.A.s (O.A./678/2013 and O.A./679/2013) stand allowed. All associated M.As. of aforesaid O.A.s also stand disposed of accordingly.
Copy of this judgement and order should also be placed in the file of O.A./679/2013 along with the file of O.A./678/2013.