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Judgment
Pradeep Nandrajog, J.—Prior to the implementation of the Pay-Bands recommended by the 6th Central Pay Commission, Inspectors in CISF were placed in the Pay-Scale Rs. 6,500-200-10,500/- till 31.5.2005 which was upgraded to Rs. 7,450-225-11,500/- with effect from 1.1.2006 and with the promulgation of the new Pay-Scales after 6th Central Pay Commission gave a report, Inspectors were placed in the Pay Band II i.e. Rs. 9,300-34,800/- + Grade Pay of Rs. 4,600/-. It is apparent that the erstwhile concept of pay scale stands replaced by the concept of Pay Band.
The earlier Assured Career Progression Scheme which was in force till 31.8.2008 envisaged two financial up gradations as per DOPT OM dated 9.8.1999; the first up gradation after completing 12 years'' service and the second after completion of 24 years'' service.
Relevant would it be to note that under the Assured Career Progression Scheme the financial up gradation was by way of fixation of the pay prescribed for the promotional post in the hierarchy.
With the implementation of the Pay Bands after the 6th Central Pay Commission made recommendations, various erstwhile pay scales were merged in a common Pay Band and a higher grade pay was given to the posts with onerous and higher responsibilities. The Assured Career Progression Scheme was replaced by the Modified Assured Career Progression Scheme (MACPS) as per DOPT OM dated 19.5.2009 which envisaged 3 financial up gradations, the first after 10 years of service, the second after 20 years of service and the third after 30 years of service.
Para 2, 8 and 8.1 of the Modified Assured Career Progression Scheme (MACPS) are relevant and they are noted as under:
The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial up gradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.
Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.
8.1 Consequent upon the implementation of Sixth CPC''s recommendations, grade pay of Rs. 5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5,400/- in PB-2 and Rs. 5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.
Annexure I to the DOPT OM dated 19.5.2009, vide illustration 4 clarifies as under:
In case a Govt. servant joins as a direct recruits in the Grade Pay of Rs. 1,900/- in Pay Band-I Rs. 5,200-20,200/- and he gets no promotion till completion of 10 years of service, he will be granted financial up gradation under MACP scheme in the next higher Grade Pay of Rs. 2,000/- and his pay will be fixed by granting him one increment + difference of grade pay (i.e. Rs. 100/-). After availing financial up gradation under MACP scheme, if the Govt. servant gets his regular promotion in the hierarchy of his cadre, which is to the Grade of Rs. 2,400/-, on regular promotion, he will only be granted the difference of Grade Pay of between Rs. 2,000/- and Rs. 2,400/-. No additional increment will be granted at this stage.
Noting the relevant facts Inspectors in the Pay Band 2 Rs. 9,300-34,800/- get a Grade Pay of Rs. 4,600/- have been granted under the MACPS the first financial up gradation by retaining the Pay Band but giving the Grade Pay Rs. 4,800/-. Their grievance as raised in the writ petition is that they are entitled to the Grade Pay Rs. 5,400/- and to highlight the basis of their claim it is to be noted that the next hierarchical post i.e. that of Asst. Commandant is in Pay Band Rs. 15,600-39,100/- with Grade Pay Rs. 5,400/-. It be clarified that they do not claim a right to be placed in the Pay Band Rs. 15,600-39,100/- but claim benefit of the Grade Pay of the said Pay Band and it is apparent that the basis of the claim is paragraph 2 of the MACPS which states that the Scheme envisages placement in the immediate next higher Grade Pay hierarchy.
It be noted that the erstwhile pay scales S-9 to S-15 which ranged between Rs. 4,500-7,000/- to Rs. 7,500-12,000/- have all been placed in Pay Band 2 i.e. `9,300-34,800/- with Grade Pays Rs. 4,200, Rs. 4,600 and Rs. 4,800/-.
Thus, the Respondents state that they have correctly granted MACPS benefit by upgrading the Grade Pay of Inspectors from Rs. 4,600/- to Rs. 4,800/-.
The question would be whether the hierarchy contemplated by the MACPS is in the immediately next higher Grade Pay or is it the Grade Pay of the next above Pay Band.
Whatever may be the dispute which may be raised with reference to the language of paragraph 2 of the MACPS the illustration as per para 4 of Annexure I to the OM, contents whereof have been extracted hereinabove, make it clear that it is the next higher Grade Pay which has to be given and not the Grade Pay in the next hierarchical post and thus we agree with the Respondents that Inspectors have to be given the Grade Pay after 10 years in sum of Rs. 4,800/- and not Rs. 5,400/- which is the Grade Pay of the next Pay Band and relatable to the next hierarchical post. To put it pithily, the MACPS Scheme requires the hierarchy of the Grade Pays to be adhered to and not the Grade Pay in the hierarchy of posts.
The writ petition is dismissed.
No costs.