Central Administrative Tribunal
Principal Bench: New Delhi
OA No. 1586/2014
Reserved on: 01.09.2015
Pronounced on:08.09.2015
Hon ble Mr. Justice Syed Rafat Alam, Chairman
Hon ble Mr. P.K. Basu, Member (A)
1. Vinai Kumar Srivastav
Teacher
East Delhi Municipal Corporation,
Primary, Co.Ed.School,
G.T. Road, Shahdra,
Delhi 10 032.
2. Satish Kumar Sharma,
Teacher
East Delhi Municipal Corporation,
Primary, Co.Ed.School,
G.T. Road, Shahdra,
Delhi 10 032. Applicants
(By Advocate: Sh. R.S. Kaushik)
Versus
1. East Delhi Municipal Corporation
Through its Commissioner,
Udyog Sadan, Industrial Area,
Patpar Ganj, Delhi -92.
2. North Delhi Municipal Corporation
Through its Commissioner,
Dr. S.P.M. Civic Centre Minto Road,
New Delhi 110 002.
3. The Director,
Primary Education, EDMC,
Udyog Sadan, Industrial Area,
Patpar Ganj, Delhi -92.
4. DDO (Edu. Deptt),
Shahdra North Zone of EDMC,
Keshav Chowk, G.T. Road,
Shahdra, Delhi 32. Respondents
(By Advocate: Ms. Sangita Rai for EDMC
Sh. R.K. Shukla for NDMC i.e. R-2)
O R D E R
By Hon ble Mr. P.K. Basu, Member (A):
The applicants were appointed as Assistant Teacher on 13.04.1993 and 15.07.1993 respectively in the erstwhile Municipal Corporation of Delhi. Vide order dated 15.06.2012, the hierarchy of posts amongst Teachers; their pay scales as per the 5th and 6th Central Pay Commissions; first and second financial upgradation pay scales under ACP Scheme and upgradations under MACP Scheme as per hierarchy of Grade Pay, were indicated as follows:-
As per the 6th CPC following pay scales are to be granted to teachers.
Post Pay Scale Corresponding Grade Pay Band
as per 5th CPC Pay as per 6th CPC as
on 01/01/2006
Asstt. Teacher 4500-7000 4200(PB2) 9300-34800
Head Master 5500-9000 4600(PB2) 9300-34800
School Inspector7500-12000 5400(PB3) 15600-39100
Hence for ACP Scheme, following pay scales are to be granted upto 31/08/2008 subject to fulfillment of all other conditions of ACP.
1st ACP on completion of 12 years 5500-9000
2nd ACP on completion of 24 years 7500-12000 (upgraded to 8000-13500+ GP5400 in PB 15600-39100 as on 01/01/2006)
MACP is granted as per hierarchy of Grade Pay, primary teachers under MACP are entitled for Grade Pay as mentioned below w.e.f. 01/09/2008, subject to fulfillment of all other conditions of MACP,
On completion of 10 years Grade Pay of Rs.4600 9300-34800 (PB2)
On completion of 20 years Grade Pay of Rs.4800 9300-34800 (PB2)
On completion of 30 years Grade Pay of Rs.5400 9300-34800 (PB2)
The bone of contention between the applicants and the respondents is that on completion of 20 years of regular service i.e. in 2013, the second financial upgradation under MACP Scheme, according to the respondents, should be in the Grade Pay of Rs.4800/- as per the Chart above, whereas the applicants claim that it should be in the grade of School Inspector according to the promotional hierarchy i.e. GP of Rs.5400/-.
2. The claim of the applicants is based on the Tribunal s order passed in Sanjay Kumar & Ors. V/s. Union of India & Ors. [OA No. 904/2012 decided on 26.11.2012] in which the Tribunal held the principle that even under the MACP Scheme, the upgradation has to be in the promotional hierarchy. This was based on the judgment of Punjab & Haryana High Court in CWP No.19387/2011 decided on 19.10.2011 in which the High Court held as under:-
The entire objective of introduction of ACP/MACP Scheme is to alleviate 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 on the same post. Under the ACP Scheme of 199, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10/20 or 30 years of service. The contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced.
It is further contended that an SLP [(CC) 7467/2013] filed before the Supreme Court against the aforesaid order of the Punjab & Haryana High Court was dismissed vide judgment dated 15.04.2013 and, therefore, the order of High Court has attained finality.
3. Learned counsel for the applicants also placed before us order dated 31.05.2011 passed by the Chandigarh Bench of this Tribunal in OA No.1038-CH-2010 directing grant of second financial upgradation under MACP Scheme in the hierarchy of posts, and further order dated 14.07.2014 of the High Court of Delhi passed in WP(C) No.3608/2014 in which the Court noted that the order of the Tribunal which was under challenge was based on judgment of Punjab & Haryana High Court in CWP No. 19387/201 and that NCERT s rejection of the respondents claim for the higher pay scale was solely based on the absence of any DOP&T instructions pursuant to the Punjab & Haryana High Court s orders. The High Court, therefore, directed the NCERT to pass a reasoned order upon application of mind to the judgments and directions of the Punjab & Haryana High Court, as endorsed by the Supreme Court in its orders, and refused to interfere in the CAT order.
4. The respondents in their counter affidavit have taken the stand that under the MACP Scheme, the applicants are entitled to 2nd financial upgradation only in the Grade Pay of Rs.4800/- in the year 2013 and 3rd financial upgradation in the Grade Pay of Rs.5400/- in the year 2023, subject to the 7th Pay Commission which has been set up by the Government of India.
5. Heard the learned counsel for the parties and perused the judgments so produced.
6. In view of the judgment of High Court of Punjab & Haryana in CWP No.19387/2011 (supra) and order of the High Court of Delhi in WP(C) No. 3608/2014 (supra), we are of the view that though the MACP Scheme provides for promotion in the next Grade Pay, in view of the judgment of Punjab & Haryana High Court, which has also not been interfered by the Supreme Court, now the settled position is that even under the MACP Scheme, financial upgradations would be as per promotional hierarchy. As such, the applicants would be entitled for second financial upgradation in 2013 in the GP of Rs.5400/- with effect from the date they have completed 20 years of regular service, if otherwise found eligible. The respondents are, therefore, directed to issue orders accordingly re-fixing the pay of the applicants with all successive increments and pay all arrears due to them.
7. With the above order, the instant Original Application stands disposed of with no order as to costs.
(P.K. Basu) (Syed Rafat Alam)
Member (A) Chairman
/naresh/
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