MACP ON PROMOTIONAL HIERARCHY

CAT PRINCIPLE BENCH JUDGEMENT ON THE CASE: MOHD HAMID HUSSAIN S/o LATE MD. SULAIMAN & Ors Vs UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING & Ors.

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

O.A. No. 1834/2014

New Delhi this the 23rd day of May, 2014

HONBLE MR. G. GEORGE PARACKEN, MEMBER (J)

HONBLE MR. SHEKHAR AGARWAL, MEMBER (A)

Mohd Hamid Hussain, aged 47  years,

S/o Late Md. Sulaiman,

Working as APRO(Defence),

Senior Grade Group BOfficer

In the office of : DPR, Ministry of Defence

R/o 11/1, Block-1, New Minto Road Hostel,

New Delhi-110002

Ms LalitaKhurana, aged 45 years

D/o Late Shri AD Khurana

Working as Editor (Kurukshetra)

In the office of:  DPD, Ministry of I&B

R/o C-6-b/157, Janakpuri, New Delhi 110058

Shri Rakesh Mehta, aged 50 years

S/o Late Shri Mool Raj Mehta

Working as News Editor, AIR, Delhi

(Senior Grade, Group B)

In the office of NSD, AIR, New Delhi

R/o 110, Minto Road Hostel, New Delhi 1100 02

Shri Sanjay Kumar, aged 48 years

S/o Shri Devi Saran

Working as News Editor, DD News, Delhi  (Senior Grade, Group B)

In the Office of: DD News, New Delhi

R/o 198/53-1, Ramesh Market, Garhi, East of Kailash New Delhi 65

Smt LN. Nalini Rani , aged 48 years

W/o Shri Hari Prakash

Working as Editor (Senior Grade, Group B)

In the office of: YojanaBhawan, New Delhi

R/o Flat No -30, Kailash Apartments, Patparganj, IP Ext. Delhi -110092

Smt Suvidha Kumra , aged 50 years

W/o Shri Parthiv Kumar

Working as: Assistant Information Officer (Senior Grade, Group B)

In the office of :YojanaBhawan, New Delhi

R/o 28, UNI Apartment Sector  11 Vasundhara Ghaziabad.

Smt Seema Ojha, aged 48 years

W/o Shri Ajit Shukla

Working as: Editor, Publications Division (Senior Grade, Group B)

R/o Plot 64, Flat 92, Vardan Apartment, IP Extn. Patparganj, Delhi 92

Shri Hasan Zia, aged 53 year

S/o Shri Hasan Wafa

Working as: Asst. Director

Publications Division, New Delhi

In the office of :DPD M/o I&B, New Delhi

R/o 66-C, 2nd Floor, Gautam Nagar, New Delhi

Smt Ruby T Sharma, aged 51 years

W/o Shri KG Sharma

Working as: MCO (PIB)

New Delhi(Senior Grade, Group B Officer)

In the office of: PIB, ShastriBhawan, New Delhi

R/o 1109, Laxmi Bai Nagar, New Delhi 23

Smt Superna Bhatia, aged 45 years

Late Bhatia

Working as Asst Editor

DARPG

(Senior Grade, Group B Officer)

In the office of: M/o Personnel

R/o D-134, Pkt B, Mayur Vihar, Phase II, New Delhi

Shri Pushpavant, aged 52 years

S/o Late Jay Kant Sharma

Working as Asst Director

DD News, Delhi

R/o :D/9-4, Radio Colony, Kingsway Camp, Delhi 110009

Shri Shashin Rai, aged 46 years

S/o Late Shri SL Rai

Working as :News Editor, DD News, Delhi

(Senior Grade, Group B Officer)

In the office of: DD News, New Delhi

R/o H/280 Kalibari Marg, New Delhi

Shri KG Sharma, aged 53 years

S/o Late PL Sharma

Working as: News Editor, DD News, Delhi

(Senior Grade, Group B Officer)

In the office of: DD News, New Delhi

R/o :1109, Laxmi Bai Nagar, New Delhi

Shri Praween Kavi, aged 50 years

S/o Shri K.C Kavi

Working as :Asst Director

PIB, New Delhi

R/o :180-C, Pocket  F, Mayur Vihar Phase-II Delhi - 110091

Smt Dayawanti Srivastava , aged 48 years

D/o Shri SK Srivastava

Working as :MCO, PIB, New Delhi 

(Senior Grade, Group B Officer)

In the office of: PIBShastriBhawan, New Delhi

R/o 493, Hastasal, Near Vikaspuri, New Delhi

Shri Ambrish B Kishore , aged 47 years

S/o Late Bramha Kishore

Working as: News Editor, DD News, Delhi

(Senior Grade, Group B Officer)

In the office of: DD News, New Delhi

R/o :Sector 12/573, RK Puram, New Delhi - 22

Shri K Kamal, aged 48 years

S/o Late Shri BS Kulshretha

Working as Editor, SainikSamachar

(Senior Grade, Group B Officer)

In the office of: DPR, M/o Defence, New Delhi

R/o : B-403 PrasarKunj, Sector Pie-1, Greater Noida

Shri Manikant Thakur, aged 50 years

S/o Late Uday Kant Thakur

Working as: Asst Director, DAVP, Guwahati

In the office of :DAVP, M/o I&B

R/o :4, Navgiri Road, Bylane-1, Chandmari, Guwahati-781003

Shri Arindam Bora, aged 54 years

S/o Late Phani Bora

Working as: News Editor, DD News, Guwahati

(Senior Grade, Group B Officer)

In the office of: RNU, DDK, Guwahati

R/o 10, Senapati Road, Silpukhuri, Guwahati-781003

Shri V Ratnam, aged 47 years

S/o Shri M Vallaisamy

Working as :News Editor, AIR, Puducherry

(Senior Grade, Group B Officer)

In the office of: RNU, AIR, Puducherry

R/o 4/613, Kalaivanar Nagar,  Dhanvandri Nagar Post, Pudhucherry-605 006

Shri T Shanmugam, aged 50 years

S/o Shri PS Thiruvengadam

Working as: MCO, PIB, Chennai

(Senior Grade, Group B Officer)

In the Office of: PIB, Chennai

R/o H5/6 WW Compund Bharathidasan Colony VI St. KK Nagar, Chennai-600078

Shri T Sivakumar, aged 50 years

S/o Shri V Thirunavukkarasu

Working as: Field Publicity Officer, Puducherry

(Senior Grade, Group B Officer)

In the office: DFP, Puducherry

R/o 21 Mariamman Koil Street Reddiarpalayam, Puducherry-605010

Shri M Jayasingh, aged 46 years

S/o Shri Cheriapillai Muthiah

Working as: News Editor DDK Chennai

(Senior Grade, Group B Officer)

In the office of :DDK, Chennai

R/o 85, Thamarai Flats, First Floor, Neeva Street, Thenpalani Nagar, Kolathur, Chennai-600099, Tamil Nadu

Shri R Chidambaranathan, aged 46 years

S/o Shri S Rengasamy Nadar

Working as: FEO, DAVP, Chennai

(Senior Grade, Group B Officer)

In the office of: DAVP, Chennai

R/o 237, RK Mutt Road, Raja Annamalai Puram, Opp RK Nagar Telephone Exchange, Chennai-600028

Shri A Elangovan, aged 54 years

S/o Shri V Andi

Working as: Assistant Director, Yojana (Tamil) Chennai

In the office of: DPD, Chennai

R/o F-20 Income Tax Quarters, Bazullah Road, T Nagar, Chennai-600017 Tamil Nadu

Shri N Thenappan, aged 56 years

S/o Shri M Natesan

Working as: Asst Director, Yojana (Tamil) Chennai

In the office of :DPD

R/o No. 29, Gregory, 87, Pamma 1,

Chennai - 75

Shri Madhukar Pawar, aged 53 years

S/o Late Bhaltu Pawar

Working as: FPO, DFP, Indore

(Senior Grade, Group B Officer)

In the office of: DFP, Indore

R/o Qtr No 24, Type 4, CPWD Colony, Near Dak Kunj, AB Road, Indore ( MP )Pin 452-001

Shri Sunil Kumar Tiwari, aged 46 years

S/o Shri LS Tiwari

Working as: News Editor, RNU, Indore

(Senior Grade, Group B Officer)

In the office of: AIR, Indore

R/oFlat No.-310, Ashirvad Apartment,

 37-38 Kailash Park, near Geeta Bhawan,

Indore (MP)-452001

Shri Shariq Noor , aged 43 years

S/o Shri Noor Mohd

Working as: Correspondent, RNU, AIR, Bhopal

(Senior Grade, Group B Officer)

In the office of : AIR, Bhopal

R/o 4, Behind PWD office Near Cambridge school, Idgah Hills Bhopal

Ms Sapna , aged 47 years

D/o Shri K. R. Batta

Working as: MCO, PIB, Chandigarh

(Senior Grade, Group B Officer)

In the office of: PIB, Chandigarh

R/o H. No-1835-F, Sector-7C, Chandigarh

Smt Nandini Mital , aged 45 years

W/o Shri Anupam Kumar Mital

Working as: News Editor, DDK, Shimla

(Senior Grade, Group B Officer)

In the office of :DDK Shimla

R/o B-226, Sector III, New Shimla

Shri Yogesh Kumar, aged 50 years

S/o Shri Balwant Ray

Working as: Correspondent, AIR, Ahmedabad

(Senior Grade, Group B Officer)

In the office of: RNU, AIR, Ahmedabad

R/o 17-Sabandh Twins,Behind Gurudwara, SG Highway, Thaltej, Ahmedabad-380059

Shri Ajaykumar C Indrekar, aged 50 years

S/o Shri CS Indrekar

Working as: News Editor, AIR, Ahmedabad

(Senior Grade, Group B Officer)

In the office of: RNU, AIR, Ahmedabad

R/o 2-Arjun Nagar Society, Kubernagar, Ahmedabad-382340

Shri Satyandra Sharan, aged 49 years

S/o Dr. Radhey Sharan

Working as: FPO, DFP,  Rewa, MP

(Senior Grade, Group B Officer)

In the office of DFP, Rewa, MP

R/o 10/523, Anantpur, Post-GEC,

Rewa (MP) 486001.                     Applicants

By Advocate: Shri Yogesh Sharma.

Versus

1.         Union of India through the Secretary,

            Ministry of Information and Broadcasting,

            ShastriBhawan, New Delhi

2.         The Director (IIS),

            Ministry of Information and Broadcasting,

            ShastriBhawan, New Delhi

3.         The Secretary

            Department of Personnel & Training

            Ministry of Personnel, Public Grievances and Pensions

            North Block, New Delhi.

                                                                                    .Respondents

ORDER (ORAL)

Honble Mr. G. George Paracken, Member (J)

The applicants have filed this OA seeking the following reliefs:-

(i)         That the Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondents granting financial upgradation under MACP Scheme to the higher grade pay instead of granting financial upgradation to the applicants under MAP scheme in hierarchical grade pay of the post is illegal, arbitrary and discriminatory and consequently pass an order directing the respondents to grant the benefits of MACP scheme to the applicants as per their hierarchical grade pay, in the light of the Tribunal judgment dated 31.05.2011 passed by the Chandigarh Bench in OA No.1038/CH/2010 in the case of Rajpal Vs. Union of India upheld by the Honble High Court vide judgment dated 29.10.2011 and benefit of judgment in the case of Sanjay Kumar and Others vs. U.O.I. in OA No.904/2012 decided by the CAT Principal Bench, New Delhi vide judgment dated 26.11.2012 by way of granting the Ist Financial upgradation under MACP Scheme to the Applicant in PB-II with grade pay of Rs.4600/-, 2nd financial upgradation in the grade pay of Rs.5400/- to those who were initially appointed as Junior Grade Group B and Ist financial upgradation in grade pay of Rs.5400/- to those were directly appointed as Sr. Grade Group B from due dates with all consequential benefits including the arrears of difference of pay and allowances with interest.

(ii)        That the Tribunal may graciously be pleased to pass an order, declare the OM/MACP dated 19.05.2009 as unconstitutional only to the extent the same deny the next promotional scale attached to the promotional post as Ist, 2nd and 3rd financial upgradation as illegal, arbitrary and unjustified. 

2.         According to the applicants, this case is squarely covered by the earlier order of this Tribunal in OA No.988/2014  - Prateek Kumar and Others Vs. UOI and Others decided on 21.03.2014.  The relevant part of the said order reads as under:-

7.         In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Honble High Court of Punjab and Haryana at Chandigarh.

8.         In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission.  In the hierarchy after the scale of UDC, the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post  in the hierarchy, namely, the Assistants carrying the pay scale of Rs.9300-34800 and the grade of Rs.4200/-. 

9.         In view of the above position, this OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34,800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants.

10.       The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.

7.         In another O.A. No.864/2014 - Shri Om Prakash & others v. Secretary (NCERT) decided by this Tribunal, the following directions were issued:-

3.         In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.

4.         In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.

8.         In view of the above position, we dispose of this Original Application with the same directions as given by us in O.A. No.864/2014 (supra). There shall be no order as to costs.

3.         He has also submitted that on the basis of the aforesaid order, the same issue was considered and disposed of by this Tribunal in the case of NCERT employees vide our order dated 12.03.2014, in OA No. 864/2014  Om Prakash & Ors. Versus NCERT and Others.  The operative part of the said order reads as under:-

3.         In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.

4.         In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.

4.         The learned counsel for applicants has submitted that the respondents in the present case are also the  same as in OA No.988/2014 (supra).

5.         Learned counsel Shri Ashish Nischal, on receipt of advance copy of this Original Application appeared on behalf of the Respondents.

6.         In view of the aforesaid submission made by the applicants and the documents available on record, we dispose of this OA at the admission stage itself with a direction to the respondents to consider the case of the applicants in terms of the aforesaid orders within a period of two months from the date of receipt of a copy of this order.  If the applicants are similarly placed, they shall  also be treated alike.

7.         There shall be no order as to costs.

 (SHEKHAR AGARWAL)                              (G. GEORGE PARACKEN)                                                                                                                        

MEMBER (A)                                                                MEMBER (J)  

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