This post is a case digest against Financial Upgradation Case against Ministry of Defence in CAT Tribunal wherein he sought grant of different grade pay from what he was getting which was dismissed by the CAT Tribunal.
The respondent defence was that pay scale would not be given to the applicant as in MACP Scheme there is no provision for grant of financial upgradation in pay band plus grade pay of promotional post.
The provisions of the OM dated 19.05.2009 made it clear that applicant is not entitled for Grade pay of Rs. 2400/-.
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Let’s have the judgement here.
Also Read- Petition in CAT Tribunal Chandigarh for MACP Scheme
Naresh Kumar ……….PETITIONER
Vs.
Ministry Of Defence……………RESPONDENTS
- Union of India, through the Secretary, Ministry of Defence, Raksha Bhawan, New Delhi.
- Commanding Officer, 184, Military Hospital, Suratgarh,
- District Sri Ganganagar , Controller of Defence Accounts (CDA), South Western Command, Khatipura Road, Jaipur 302012.
on 13 February, 2020
BENCH
CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH
- HON’BLE MRS. HINA P.SHAH,( MEMBER)
- HON’BLE MS. ARCHANA NIGAM, (MEMBER)
DATE DECIDED:-13.02.2020
BRIEF FACTS:-
- The applicant was initially appointed on the post of Lower Division Clerk (LDC) on 29.12.2004 in the pay scale of Rs.3050-4590/-. His next promotional post is Upper Division Clerk (UDC) in the pay scale of Rs.4000-6000/- which is revised under 6th CPC in the pay scale of Rs.5200- 20200/- with Grade Pay of Rs.2400/-. After completion of 10 years of service, the applicant is entitled for 1st financial up gradation in the pay scale of Rs.5200-20200/- with Grade Pay of Rs.2400/-. This pay scale has rightly been recommended by the Screening Committee vide in conformity with the Government order.
- It is his contention that though his case was recommended rightly by respondent no.2 but respondent no.3 vide impugned order dated 02.06.2016 rejected the case of the applicant for grant of Grade Pay of Rs.2400/- stating that order of the Tribunal is applicable to those persons who have filed case and not to the applicant. The contention of the applicant is that the impugned order is arbitrary and discriminatory and, therefore, he has approached this Tribunal praying that he be given Grade Pay of Rs.2400/- in the pay scale of Rs.5200-20200/- on 29.12.2014 with all consequential benefits.
Also Read- MACP CAT Tribunal Bench Case Legal Advice
- The applicant further added that his case is squarely covered by the judgement of the Principal Bench of this Tribunal passed in case of Shri. Sanjay Kumar &Ors. V/s. Union of India &Ors. decided on 26.11.2012.
- On the other hand, the respondents by filing their reply stated that the applicant was appointed on 29.12.2004 as per Recruitment Rules in pay scale of Rs.3040-4590 as per 5th CPC recommendations. After 6th CPC, his pay scale was upgraded at Rs.5200-20200/- with Grade Pay of Rs.1900/-. The applicant completed his ten year service on 29.12.2014. At this juncture, he demanded that his pay fixation be done under MACP 29.12.2014 in the pay scale of Rs.5200-20200/- with Grade Pay of Rs.2400/- as has been given to the applicants in case of Shri Sanjay Kumar and Ors. vs. Union of India and Ors. passed by the Principal Bench of this Tribunal in OA No.904 of 2012 decided on 26.11.2012. The respondents submitted that the said judgement of Shri Sanjay Kumar was challenged before the Hon’ble Delhi High Court in W.P. No. 4662 of 2013. The Hon’ble High Court has stayed the operation of the said order dated 26.11.2012. It is further added that the pay fixation proforma along with Board proceedings of the applicant was forwarded to PCDA, SWC, Jaipur for pay fixation, but the same was returned with observation that pay scale would not be given to the applicant as in MACP Scheme there is no provision for grant of financial upgradation in pay band plus grade pay of promotional post . Therefore, the claim of the applicant was rightly rejected.
- The respondents, on the other hand, besides reiterating their stand, have added that they rely on the judgement passed by this Tribunal in OA No. 509 of 2013 in case of Anil Kumar Jain vs. Union of India and Ors. decided on 17.2.2017 as the said case is similar to the present case. It is further contended by them that this Tribunal has already considered the case of Sanjay Kumar and ors. passed by the Principal Bench. The respondents contended that the applicant failed to point out that the judgment of Sanjay Kumar &Ors. has been stayed by Hon’ble High Court in WP No. 4662 of 2013. Further, the CAT- Ahmedabad Bench has rejected an identical claim as claimed by the applicant. The respondents, therefore, stated that the case of Girdhari Lal is different on the facts as in case of Girdhari Lal the controversy was with regard to merger of scales and three promotions, which is not the issue in the present case.
Also Read- Service Matter Related MACP Scheme Legal Advice
JUDGEMENT:-
Be that as it may be, we found that the case of Girdhari Lal Saini relied by the applicant does not cover the present issue in hand as in that matter there was a question of merger of scales and grant of 3rd MACP. The applicant therein claimed that he has not got three promotions which were denied by the respondents stating that he has already earned three promotions. The provisions of the OM dated 19.05.2009, as reproduced above, makes it clear that the applicant is not entitled for Grade Pay of Rs.2400/-. Therefore, the Grade Pay of Rs. 2000/- given to the applicant on completion of 10 years of service, is just and proper. Hence, no interference is called for.
Also Read- Types of Service Matters in Cat Tribunal Chandigarh
In view of the discussions made above, it is clear that the applicant is not entitled for the reliefs prayed for by him. Accordingly, the present Order is dismissed with no order as to costs.
This post is written by Pranjal Rai.
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