Calcutta High Court: In a writ petition challenging the order issued by the Central Administrative Tribunal, Calcutta Bench, dismissing both Original Applications filed by the petitioner regarding petitioner’s entitlement to financial upgradations under the Assured Career Progression Scheme (ACP Scheme)) and the Modified Assured Career Progression Scheme (MACP), a division bench comprising of Gaurang Kanth* and Tapabrata Chakraborty, JJ., while dismissing the writ petition, upheld the correct pay scale determination and the rectification made by the respondents.
Factual Matrix
In the instant matter, the petitioner was appointed as a Constable in the Railway Protection Force, South Eastern Railway, Nagpur, with a pay scale of Rs. 825-1200 (4th Pay Commission). The ACP Scheme was introduced on 09-08-1999. The petitioner claimed entitlement to the first financial upgradation under the ACP Scheme from 10-03-2002, but it was not granted at that time.
The petitioner was medically decategorized on 24-02-2005 and posted as a Junior Clerk at Gidni in the Electrical Department. Discrepancies arose regarding the petitioner’s pay scale, with conflicting orders issued by the Respondents on 11-07-2005 and 29-08-2005. Petitioner’s pay was eventually upgraded to Rs. 5200-20200 with Grade Pay of Rs. 1900/- with effect from 01-01-2006 under the 6th Pay Commission.
The petitioner filed various representations and an Original Application seeking increments, pay refixation, and release of arrears. The MACP was introduced on 01-09-2008. The Petitioner, being stagnated, received the first MACP financial upgradation on 18-03-2011. The petitioner filed the second Original Application challenging the benefit under MACP Scheme.
The Tribunal, vide order dated 25-04-2012, directed the respondents to provide the status of ACP and arrears. The respondents submitted a supplementary affidavit detailing the pay fixation. The Tribunal, vide order dated 30-03-2016 dismissed both Original Applications, leading to the present Writ Petition.
Moot Point
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Whether the petitioner is entitled to the pay scale of Rs. 4500-7000 as his 1st financial upgradation under the ACP Scheme?
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Whether the petitioner’s pay fixation done by the respondents was correct?
Court’s Analysis
The Court observed that the petitioner’s reliance on the office order dated 27-11-2006 and Dipak Kumar Chatterjee v. Union of India, OA No. 820/2005, order dated 05.05.2009 by Central Administrative Tribunal, is deemed misplaced as they do not apply to the petitioner’s circumstances. The Court noted that the ACP Scheme entitled the petitioner to the 1st financial upgradation in the existing hierarchical pay scale of Rs. 3200-4900, as per Clause 7 of the ACP Scheme. The Court noted that the respondents rectified the earlier erroneous pay fixation during the pendency of the Original Applications, granting the petitioner the benefit of the 1st financial upgradation under the ACP Scheme, and the subsequent pay refixation was found to be correct.
Court’s Decision
The Court held that the petitioner is entitled to the 1st financial upgradation under the ACP Scheme in the pay scale of Rs. 3200-4900, and the pay refixation done by the respondents is deemed correct. The Court dismissed the writ petition and upheld the impugned judgment of the Tribunal. No costs are awarded.
[Swapan Kumar Mondal v. Union of India, 2023 SCC OnLine Cal 5647, order dated 22-12-2023]
*Judgment by Justice Gaurang Kanth
Advocates who appeared in this case :
Mr. Sarajit Sen, Mr. Mrinal Kanti Sardar, Counsel for the Petitioner
Mr. Nilanjan Bhattacharyya, Ms. Rashmi Bothra, Counsel for the Respondents
