V. Rajan vs Union Of India & Others

P. Madhavan, Member J

This is an Original Application filed by the applicant seeking the following reliefs:

“(i) To declare that the applicant is entitled for 2nd financial upgradation under ACP Scheme to the pay scale of Bosun i.e. Rs. 5,000-8,000 (Rs. 9,300-34,800 with a grade pay of Rs. 4200/- as per VI CPC) w.e.f. 7.7.2006 and 3rd financial upgradation under MACP scheme to the pay band Rs. 9300-34800 with a grade pay of Rs. 4600/- w.e.f. 7.7.2012.

(ii) To direct the respondents to grant 2nd financial upgradation under ACP Scheme to the pay scale of Bosun i.e. Rs. 5,000-8,000 (Rs. 9,300-34,800 with a grade pay of Rs. 4200/- as per VI CPC) w.e.f. 7.7.2006 and 3rd financial upgradation under MACP scheme to the pay band Rs. 9300-34800 with a grade pay of Rs. 4600/- w.e.f. 7.7.2012 with all consequential benefits including arrears of pay and allowances within a stipulated period.

(iii) Grant such other relief or reliefs that may be prayed for or that are found to be just and proper in the nature and circumstances of the case.

(iv) Grant cost of this OA.”

The brief facts of the case are that the applicant was appointed as a Topass by the Deputy Director of Exploratory Fisheries Project, Cochin and he joined the services with effect from 6.7.1982. According to him on 6.7.2006 he had completed 24 years of service and he is eligible for 2nd financial upgradation under the ACP scheme and he is entitled to get the benefits with effect from 7.7.2006. As per paragraph 7 of the scheme “financial upgradation under the scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose”. Accordingly he is entitled to get the next higher grade i.e. the scale of the post of Bosun. According to the applicant the respondents had granted the 2nd financial upgradation in the scale of Bosun (Uncertified) i.e. Rs. 4,500-7,000/- with effect from 27.10.2007. According to the applicant the post of Bosun (Uncertified) was created in Fishery Survey of India only with effect from 27.10.2007 i.e. after his becoming qualified for 2nd financial upgradation on 7.7.2006. So according to him he is entitled to get the scale of pay of Rs. 5,000-8,000/- of Bosun. According to the applicant he was granted the 2nd financial upgradation only with effect from 27.10.2007 and that also in the newly created scale of Bosun (Uncertified) which is not the entitled grade applicable to him. According to the applicant for financial upgradation there is no need of acquiring of any qualification of the higher post. He mainly relies upon the decision of the Hon’ble Supreme Court in M.N. Raghunatha Kurup & Ors. v. Union of India & Ors. in SLP No. 652 of 2005 (Civil Appeal No. 3562 of 2007), wherein it was held that by the Hon’ble apex court that “in the ACP scheme which is Annexure P1 to this appeal, no where it is mentioned that for getting the benefit of ACP, the applicant must possess the qualification of promotional post”. So there is no merit in the contention of the respondents that he had not acquired the qualification of Bosun as claimed by the respondents. According to the applicant MACP scheme came into force as per Annexure A8 OM dated 19.5.2009. According to this scheme “it envisages merely placement in the immediate next higher Grade Pay in the hierarchy of the recommended revised pay band and Grade Pay given in Section I Part A of the first Schedule of the CCS (Revised Pay) Rules, 2008”. As per the new scheme the applicant has completed 30 years of service on 7.7.2012 and he is entitled to get the 3rd financial upgradation in the pay band of Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/-. The respondents in this case have granted the 3rd MACP benefits with effect from 5.7.2012. According to him he was not granted the next Grade pay i.e. Rs. 4,600/- which he is entitled to get as per VIth Central Pay Commission. The scale of Bosun is Rs. 9,300-34,800/- with Grade Pay of Rs. 4,200/-. While granting MACP, he ought to have been granted next Grade Pay of Rs. 4,600/-.

The respondents entered appearance and filed a reply statement mainly contending that the applicant was not eligible to be granted the 2nd ACP in the pay scale attached to the post of Bosun as he was not having the prescribed qualification necessary for the said post of Bosun. Accordingly, the applicant was given the scale of Bosun (Uncertified) i.e. Rs. 4,500-7,000/- w.e.f. 27.10.2007. He was also granted 3rd financial upgradation under MACP scheme in the pay band Rs. 9,300-34,800/- with Grade Pay of Rs. 4,200/- from 5.7.2012 on completion of 30 years of regular service. Since the Grade Pay attached to the post of Bosun (Unskilled) is Rs. 4,500-7,000/- the applicant is not entitled to get the scale of pay of Bosun as claimed by him. Further the applicant did not fulfill the conditions prescribed for granting the benefit and therefore, he is not entitled to get any benefit as claimed by him. He has already been granted the eligible 2nd and 3rd financial upgradations. The grounds raised by the applicant are not correct and he was granted the benefits on the basis of eligibility. There is no discrimination or arbitrariness in the order passed by the respondents.

We have heard both sides and also gone through the various pleadings of the applicant as well as of the respondents in this case. As per the pleadings the applicant was appointed as Topass and took charge as such on 6.7.1982. He had completed 24 years of service on 6.7.2006. There is no dispute regarding the fact that the applicant has joined as Topass on 6.7.1982. In view of the above, it is clear that the applicant is entitled to get the 2nd financial upgradation i.e. 2nd ACP w.e.f. 6.7.2006. So the applicant as on 6.7.2006 is entitled to get 2nd ACP benefits in the grade of Bosun. But the respondents in this case did not grant him the said benefit and after the creation of another post i.e. Bosun (Uncertified) a lower post with lesser pay, the respondents had granted 2nd financial upgradation to the applicant in the pay scale of Rs. 4,500-7,000/- instead of Rs. 5,000-8,000/- from 27.10.2007. From the various records produced in this case it can be seen that the post of Bosun (Uncertified) was created only after the applicant became eligible for getting 2nd financial upgradation under ACP w.e.f. 6.7.2006. The respondents granted 2nd financial upgradation to the applicant only from 27.10.2007. Another contention put forward by the respondents is that the applicant has not acquired the requisite qualification for the post of Bosun as claimed by him. The applicant in this case mainly relies on the decision of the apex court in M.N. Raghunatha Kurup’s case (supra) in support of his case. The Hon’ble apex court held that “in the ACP scheme which is produced as Annexure P1 there, no where it is mentioned that for getting the benefit of ACP the applicant must possess the qualification of the promotion post”. In view of the above finding it can be seen that the objection raised by the respondents regarding the acquiring of the qualification has no merit in this case. So applicant is entitled to get the scale of Bosun which was available at the time of his becoming eligible for 2nd ACP i.e. Rs. 5,000-8,000/- w.e.f. 6.7.2006. The respondents in this case have granted the 3rd MACP benefits to the applicant on completion of 30 years of service on 5.7.2012 in the scale of Rs. 9,300-34,800/- with Grade Pay of Rs. 4,200/-whereas the applicant is entitled for the Grade Pay of Rs. 4,600/- w.e.f. 5.7.2012.

On going through the above it can be seen that the applicant is entitled to get the pay scale of Bosun i.e. Rs. 5,000-8,000/- (revised Rs. 9,300-34,800/- with Grade Pay of Rs. 4,200/-) w.e.f. 6.7.2006 and the 3rd financial upgradation under the MACP scheme w.e.f. 5.7.2012 in the pay band of Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/-. So we find merit in the contention put forward by the applicant in this case.

In the result the respondents are directed to consider grant of 2nd ACP and 3rd MACP benefits to the applicant in the light of the above discussion and re-fix the pay of the applicant with all consequential benefits, within a period of three months from the date of receipt of a copy of this order. The Original Application is disposed of as above. No order as to costs.