Patna ACP case

Update on ACP (on the basis of Patna case )
The employees, who are not opted for the pay scales (with the misnomer upgraded) of the order dated 25.2.1999 were given the Central Govt pay scales of Rs.6500-10500, with effect from 1.1.1996 or from the date of initial joining after 1.1.1996 in terms of Hon’ble CAT Patna order dated 26.5.2009 in OA No.662/2004 favoured by CCPA No.67/2005 relying upon the decision of Principal Bench New Delhi in O.A.No.1867/1998. Some EA/SEA/AE who received the pay scales on the basis of the order mentioned above, approached Hon’ble CAT Patna vide OA No.514/2002 to get the benefit of ACP recommended by 5th CPC. The applicants pointed out that they are (EA/SEA/AE) working in the pay scale of Rs.6500-10500 since the implementation 5th Pay commission in 1996. the EA & SEA were in lower scales before coming of the 4th Central Pay Commission, i.e. before 1986. the scales of these two cadres were upgraded after prolonged litigation with the Hon’ble Apex Court putting their seal of approval. Thereafter all the three categories of officials who are applicants in this case were placed in the same scale of Rs.2000-3500 before 1996 and consequently in the pay scale of Rs.6500-10500 after 1996. Since they have completed 12 years in the same pay scale, they demanded the pay scale of Rs.8000 – 13500 (which is the pay scale of the promotional post of AE). They submitted the clarification from DOP&T (OM No.35034/1/97- Estt (D) dated 10.2.2000) that “ Since the benefits of upgradation under ACP Scheme are to be allowed in the existing hierarchy, the mobility under ACPS shall be in the hierarchy existing after merger of pay scales by ignoring promotion. An employee who got promoted from lower pay scales to higher pay scales as a result of promotion before merger of pay scales shall be entitled for upgradation under ACPS ignoring the said promotion as otherwise he could be placed in a disadvantageous position vis-à-vis the fresh entrants in the merged grade”. The Hon’ble CAT, vide its order dated 07.09.2009 concluded that the applicants are entitled for grant of ACP promotion and the promotion should be granted in the pay scale of Assistant Executive Engineer i.e. Rs.8000- 13500. Accordingly the Hon’ble CAT directed the department to grant the pay scales of Rs.8000- 13500, under the ACP scheme, as and when the applicants completed 12 years of service. The Hon’ble CAT directed to pay the arrears also. The department challenged the order in the Hon’ble High Court, Patna, on the advice of DOP&T.( Case No.CCWJ No.6451/2010) on the following grounds: The DOP&T clarification mentioned above is not applicable in this case because though EAs, SEAs & AEs have been given the identical pay scales of Rs.6500-10500, the post have not been merged. Consequently these posts have separate identity. Besides identical pay scales donot equate different posts unless the different posts are merged. The pay scale given to an employee under ACP scheme cannot be more than what he will get during his regular promotion for example an EA, who is in the pay scale of Rs.6500-10500 will get the same pay scale while being promoted as SEA & SEA in the pay scale Rs.6500-10500 will get the same pay while being promoted as AE. Therefore an EA or SEA cannot get a pay scale under ACPS. However AE who are in the pay scale of Rs.6500-10500 will get the pay scale of Rs.8000-13500 under ACPS subject to eligibility. Also the pay scale of Assistant Executive Engineer has been granted to the applicants which is not one of the post in the hierarchy. The hierarchy is EA,SEA,AE,ASE,SE,SgEr,CE,EinC. As evident from the above the next hierarchical grade of Assistant Executive Engineer awarded to the applicants under ACPS is prima-facie not tenable in terms of ACPS which postulates ACP benefits to next hierarchy. Hon’ble High Court Patna rejected these arguments of the department and upheld the verdict of Hon’ble CAT, on the basis of the clarification issued by DOP&T on 10.2.2000. Hon’ble High Court, agreeing with another objection from department against the general order, stated that the learned Tribunal should not have issued a general direction to cover cases of all the individuals because under ACP scheme cases of individual require consideration. Accordingly the Hon’ble High Court directed the department to consider the grant of ACPS to the applicants before the Tribunal. Subsequently, the department filed an SLP No.20212/2010 on the same grounds which too was dismissed on facts on 10.1.2011. Accordingly the O/O DG:AIR recommended to the Ministry of I&B to grant the pay scale of Rs.8000- 13500 under ACPS to only those applicants who are presently getting the Central Govt pay scale of Rs.6500-10500 and have not opted for Prasar Bharati upgraded pay scale, which may also be applicable to the similarly placed employees. ARTEE, now demanded the Ministry of I&B to consider the benefit of these orders for all EA/SEA/AE in AIR&DD since we are all continuing the status of Central Govt employees and even granting the benefit of ACPS considering merger of these cadres will be beneficial for our members in a wider prospective. We have been following up the matter with almost all officials of Ministry of I&B to extend the benefit to all AE/SEA/EA by ignoring the promotions granted to SEA/AE, since from the Association point of view we thought that it will be beneficial to them all. Our concept is, if it is implemented, the AEs will be considered without any promotions and in 1st ACP they will get the pay scales of Rs.8000-13500 (of ASE), 2nd as Rs.10,000-15200 and when these will be converted into MACPS, the GP of Rs.5400, Rs.6600 respectively with the GP of Rs 7600 as 3rd promotion. Promotions will also be in this same hierarchy. It is a fact that govt servants are fighting to get the promotions on the last day of service also to ensure the financial benefits in Pension. It may kindly be noted that government will not easily agree to these proposals due to the financial implications(esp. for future) and we should be ready for a strong fight in this direction. Evenafter all these background if AEs/SEA feel that they will be benefited without merger of these cadres, they can immediately represent to Ministry of I&B since the Hon’ble courts also observed that the ACPS should be considered person to person. Association, being a democratic body has also to agree with the opinion of majority of members. We never have any concept to harm the interest of our members. Now it is upto the wisdom of our members to choose their future. Copy of verdict of Hon’ble CAT, Patna Copy of verdict of Hon’ble High Court, Patna Copy of the verdict of Hon’ble Supreme Court

Update on ACP (on the basis of Patna case )

The employees, who are not opted for the pay scales (with the misnomer upgraded) of the order dated 25.2.1999 were given the Central Govt pay scales of Rs.6500-10500, with effect from 1.1.1996 or from the date of initial joining after 1.1.1996 in terms of Hon’ble CAT Patna order dated 26.5.2009 in OA No.662/2004 favoured by CCPA No.67/2005 relying upon the decision of Principal Bench New Delhi in O.A.No.1867/1998.

Some EA/SEA/AE who received the pay scales on the basis of the order mentioned above, approached Hon’ble CAT Patna vide OA No.514/2002 to get the benefit of ACP recommended by 5th CPC. The applicants pointed out that they are (EA/SEA/AE) working in the pay scale of Rs.6500-10500 since the implementation 5th Pay commission in 1996. the EA & SEA were in lower scales before coming of the 4th Central Pay Commission, i.e. before 1986. the scales of these two cadres were upgraded after prolonged litigation with the Hon’ble Apex Court putting their seal of approval. Thereafter all the three categories of officials who are applicants in this case were placed in the same scale of Rs.2000-3500 before 1996 and consequently in the pay scale of Rs.6500-10500 after 1996. Since they have completed 12 years in the same pay scale, they demanded the pay scale of Rs.8000 – 13500 (which is the pay scale of the promotional post of AE). They submitted the clarification from DOP&T (OM No.35034/1/97- Estt (D) dated 10.2.2000) that “ Since the benefits of upgradation under ACP Scheme are to be allowed in the existing hierarchy, the mobility under ACPS shall be in the hierarchy existing after merger of pay scales by ignoring promotion. An employee who got promoted from lower pay scales to higher pay scales as a result of promotion before merger of pay scales shall be entitled for upgradation under ACPS ignoring the said promotion as otherwise he could be placed in a disadvantageous position vis-à-vis the fresh entrants in the merged grade”.
The Hon’ble CAT, vide its order dated 07.09.2009 concluded that the applicants are entitled for grant of ACP promotion and the promotion should be granted in the pay scale of Assistant Executive Engineer i.e. Rs.8000- 13500. Accordingly the Hon’ble CAT directed the department to grant the pay scales of Rs.8000- 13500, under the ACP scheme, as and when the applicants completed 12 years of service. The Hon’ble CAT directed to pay the arrears also.
The department challenged the order in the Hon’ble High Court, Patna, on the advice of DOP&T.( Case No.CCWJ No.6451/2010) on the following grounds:

The DOP&T clarification mentioned above is not applicable in this case because though EAs, SEAs & AEs have been given the identical pay scales of Rs.6500-10500, the post have not been merged. Consequently these posts have separate identity. Besides identical pay scales donot equate different posts unless the different posts are merged.
The pay scale given to an employee under ACP scheme cannot be more than what he will get during his regular promotion for example an EA, who is in the pay scale of Rs.6500-10500 will get the same pay scale while being promoted as SEA & SEA in the pay scale Rs.6500-10500 will get the same pay while being promoted as AE. Therefore an EA or SEA cannot get a pay scale under ACPS. However AE who are in the pay scale of Rs.6500-10500 will get the pay scale of Rs.8000-13500 under ACPS subject to eligibility.
Also the pay scale of Assistant Executive Engineer has been granted to the applicants which is not one of the post in the hierarchy. The hierarchy is EA,SEA,AE,ASE,SE,SgEr,CE,EinC. As evident from the above the next hierarchical grade of Assistant Executive Engineer awarded to the applicants under ACPS is prima-facie not tenable in terms of ACPS which postulates ACP benefits to next hierarchy.

Hon’ble High Court Patna rejected these arguments of the department and upheld the verdict of Hon’ble CAT, on the basis of the clarification issued by DOP&T on 10.2.2000. Hon’ble High Court, agreeing with another objection from department against the general order, stated that the learned Tribunal should not have issued a general direction to cover cases of all the individuals because under ACP scheme cases of individual require consideration. Accordingly the Hon’ble High Court directed the department to consider the grant of ACPS to the applicants before the Tribunal.

Subsequently, the department filed an SLP No.20212/2010 on the same grounds which too was dismissed on facts on 10.1.2011.

Accordingly the O/O DG:AIR recommended to the Ministry of I&B to grant the pay scale of Rs.8000- 13500 under ACPS to only those applicants who are presently getting the Central Govt pay scale of Rs.6500-10500 and have not opted for Prasar Bharati upgraded pay scale, which may also be applicable to the similarly placed employees.

ARTEE, now demanded the Ministry of I&B to consider the benefit of these orders for all EA/SEA/AE in AIR&DD since we are all continuing the status of Central Govt employees and even granting the benefit of ACPS considering merger of these cadres will be beneficial for our members in a wider prospective. We have been following up the matter with almost all officials of Ministry of I&B to extend the benefit to all AE/SEA/EA by ignoring the promotions granted to SEA/AE, since from the Association point of view we thought that it will be beneficial to them all. Our concept is, if it is implemented, the AEs will be considered without any promotions and in 1st ACP they will get the pay scales of Rs.8000-13500 (of ASE), 2nd as Rs.10,000-15200 and when these will be converted into MACPS, the GP of Rs.5400, Rs.6600 respectively with the GP of Rs 7600 as 3rd promotion. Promotions will also be in this same hierarchy. It is a fact that govt servants are fighting to get the promotions on the last day of service also to ensure the financial benefits in Pension.

It may kindly be noted that government will not easily agree to these proposals due to the financial implications(esp. for future) and we should be ready for a strong fight in this direction.

Evenafter all these background if AEs/SEA feel that they will be benefited without merger of these cadres, they can immediately represent to Ministry of I&B since the Hon’ble courts also observed that the ACPS should be considered person to person. Association, being a democratic body has also to agree with the opinion of majority of members.

We never have any concept to harm the interest of our members.

Now it is upto the wisdom of our members to choose their future.