O.A. No.713/2012, MA No.596/2012. Case: 1. All India Association of Statistical Investigators (SSS) through its General Secretary Ajay Saxena, 2. Gurbax Singh S/o late Shri Waryam Singh, 3. Mitre Lal S/o Shri Sant Lal Verma, 4. Sushil Kohli S/o late Sh. B.S. Kohli Vs 1. Union of India, 2. The Secretary, 3. The Secretary, Department of Expenditure, Ministry of Finance. Central Administrative Tribunal
| Case Number | O.A. No.713/2012, MA No.596/2012 |
| Counsel | For Appellant: Advocate Shri Deepak Verma and For Respondent: Advocate Shri R.N. Singh |
| Judges | Mr. V. Ajay Kumar, Member (J) and Mr. V.N. Gaur, Member (A) |
| Issue | Central Administrative Tribunal (Procedure) Rules, 1987 - Rule 4 (5) (a) |
| Judgement Date | September 06, 2013 |
| Court | Central Administrative Tribunal |
Order:
Mr. V.N. Gaur, Member (A), (Delhi Bench)
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MA No.596/2012, for joining together in single application under Rule 4 (5) (a) of Central Administrative Tribunal (Procedure) Rules, 1987 is allowed in the interest of justice.
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The applicants in this OA are members of Subordinate Statistical Service (SSS) constituted in the year 2002. Their prayer is to allow 1st and 2nd financial upgradations under the Assured Career Progression Scheme (ACP) of 1999 in the functional grades only along with all consequential benefits. Earlier, the All India Association of Statistical Investigators, National Sample Survey Organisation & Others filed OAs No.2770/2003 and 1845/2004 before this Tribunal on which the Tribunal passed the following order on 27.06.2005:
In the result, for the foregoing reasons, O.A. No.2770/2003 and 1845/2004 are partly allowed. The action of the respondents to treat four tier structure including two non-functional grades as existing hierarchy for ACP and their decision to adopt such a hierarchy vide letter dated 25.06.2004 is set aside and the matter is remanded back to the respondents to reconsider the entire issue in the light of condition No.13 of the ACP Scheme as well as decision of the High Court of Delhi in F.C. Jain''s case (supra). This exercise shall be done with a speaking order to be passed, within a period of six months from the date of receipt of a certified copy of this order. No costs.
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Against the decision of the Tribunal the respondents filed Writ Petitions (Civil) before the High Court of Delhi Nos.13845-46/2006 and 13855-57/2006, which were disposed of by the High Court on 20.01.2009 with the following order:
"The matter may be considered by the Anomaly Committee, to which even the respondents have no objection. However at the same time it should be pointed out that directions were given by the Tribunal in June, 2005 for completing the exercise within a period of six months. More than three and half years have passed because of the pendency of these writ petitions. Therefore it would be appropriate to refer the matter to the Anomaly Committee immediately and the Anomaly Committee shall also decide the issue within six months from today. This Anomaly Committee shall also take into consideration the observations made by the Tribunal in the judgment dated 27.6.2006. We are further informed that even the DOPT had agreed with the observations of the Tribunal in the aforesaid judgment with certain anomalies. We expect that the Anomaly Committee shall take into consideration the observations of the DOPT as well."
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Respondent No.2 constituted a Special Anomaly Committee in compliance of the direction of the High Court of Delhi, which after examining all the relevant issues and the decision of the High Court in F.C. Jain''s case (CWP 4664/01) made the following recommendations in the meeting held on 09.07.2009: "(i) In respect of cases for the period after formation of SSS and implementation of MACPs Scheme (12.2.2002 to August 2008), the committee considered the Orders passed by various Tribunals/Courts in the ACP matters of SSS and also provisions/guidelines issued by DOP&T and recommended that ACP in SSS may be considered only in functional grades of hierarchy i.e. inducted in Rs.5000-8000/- scale, first ACP in 6500-10500/- and second ACP in 8000-13500/- scale. (ii) Committee also observed that while implementing the above decision another anomaly may arise in respect of persons who have already received ACPs in their existing hierarchy prior to 12.2.2002 as their pay would be less than the persons who will get ACP in functional grades after 12.2.2002. To remove such anomaly, as a onetime measure, it is suggested that pay of those persons who got ACP or deemed to have got ACP prior to...
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