Original Application No. 839 of 2009. Case: 1. K. C. Sayeed S/o Indeen, 2. Zainalabid S/o Abdula Hajee, 3. P. V. P Badarudeen S/o E. K. Attakoya, 4. M. C. Mohamed Koya S/o Ahamed Haji, 5. K. Akbar Ali S/o Koyamma Koya, 6. M. C. Mohammed Hussain S/o K. Ahamed Ali, 7. P. I. Attakoya S/o Koya Haji Vs 1. Administrator U.T. of Lakshadweep, Kavaratti, 2. Union of India, Represented by Secretary to Government Ministry of Personnel, Public Grievances and Pension, New Delhi. Central Administrative Tribunal
| Case Number | Original Application No. 839 of 2009 |
| Judges | P. R. Raman (Judicial Member) & K. George Joseph (Administrative Member) |
| Issue | Service Law |
| Judgement Date | July 08, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
K. George Joseph (Administrative Member), (Ernakulam Bench)
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The applicants in this O.A. are Laboratory Technicians in the Department of Medical and Health Services, Union Territory of Lakshadweep. They were granted financial upgradations under the ACP Scheme in the pay scale of Rs. 5500-9000 and Rs. 6500-10500 on completion of 12 and 24 years of service vide Annexure A-2 and A-3 orders both dated 15.04.2000. The same was withdrawn by Annexure A-4 order dated 27.10.2003 without notice. This Tribunal had directed the respondents to reconsider the said order. The claim of the applicants was rejected by the respondents vide Annexure A-6 order dated 11.06.2009. Aggrieved, the applicants have filed this O.A.
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The applicants submit that they are qualified for promotion for appointment to the post of Technical Assistant as per Recruitment Rules. They were granted the pay scale of Technical Assistant after verifying the service records. The fixation of pay has been revised without any notice to them which is arbitrary and illegal. The fixation of pay of similarly placed candidates is not revised. The post of Technical Assistant is a higher promotion post in the Department. It is not a mode of appointment, but the scale of pay which determines the nature of post. Therefore, the post of Technical Assistant is a hierarchical post in the Department.
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The respondent No. 1 in his reply statement submitted that the applicants were directly recruited as Laboratory Technicians in the Department of Medical and Health Services, Lakshadweep. The post of Laboratory Technician and the Senior Laboratory Technician were merged in one grade of Rs. 4500-7000. They were granted higher pay scale of 5500- 9000 and 6500-10500 on 15.04.2000 under the ACP Scheme. The said order was revised because of the mistake in fixing the ACP scale at Rs. 5500-9000 instead of Rs. 5000-8000 while considering their case for grant of ACP. There are no hierarchical posts in the Department for promotion of Laboratory Technicians after the merger of pay scales of Laboratory Technician and the Senior Laboratory Technician in one grade. The post of Technical Assistant is a post under Aids Control Society, which is not a permanent post for providing promotion to the Laboratory Technician. Further, they are considered for appointment to the said post on deputation basis along with others as per the Recruitment Rules. This Tribunal directed the respondents in O.A. No...
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