സ്ത്രീകള്‍ എങ്ങിനെ വസ്ത്രം ധരിക്കണം എന്ന് പുരുഷന്‍ നിഷ്ക്കര്‍ഷിക്കുന്നത് ശരിയോ? അല്ലെങ്കില്‍ തിരിച്ചും?

Monday, February 25, 2013

Dies non – No Work No Pay

All the Central Government employees those who are participated in the Two Day Strike have been warned by the government through its circular dated 15-02-2013, that leave of any kind will not be sanctioned for them. It is under stood that the absence of two days in strike period will be treated as Dies non
The West Bengal State Government too issued a circular a day before , in which it has been said that no leave will be granted to its employees during the strike, and if they aren’t present in office it will be treated as dies non with no salary admissible if they don’t give a suitable reason and produce proper documents for refraining from turning up for duty.
What is Dies non ?

Dies non: In service terms, “dies non” means a day, which cannot be treated as duty for any purpose. It does not constitute break in service. But the period treated as ‘dies non’ does not qualify as service for pensionary benefits or increment.
As per the Postal Manual Volume III, Central Civil Services (Classification,Control and appeal) rules, 1965, the Absence of officials from duty without proper permission or when on duty in office, they have left the office without proper permission or while in the office, they refused to perform the duties assigned to them is subversive of discipline. In cases of such absence from work, the leave sanctioning authority may order that the days on which work is not performed be treated as dies non, i.e. they will neither count as service nor be construed as break in service. This will be without prejudice to any other action that the competent authorities might take against the persons resorting to such practices

Courtesy : http://bnjho.blogspot.in/

SB Aptitude Test: SB Manuals, SB Acts, SB Orders

Syllabus for Savings Bank Aptitude Test






(as per SB Order No. 16/2011: Dte No.113-07/2010-SB dated 23.08.2011)

Paper - I
Marks-100
Time-2 Hours
Total No. of Questions-50
Qualifying Marks:- 50%

Note:- The examination will be held with the aid of books approved by the department. All the questions will be objective type with four options. The candidate has to choose the correct option as per his knowledge and quote the rule from the books approved for the examination to support his/her decision.

Syllabus:-

Acts
(1) Government Savings Bank Act 1873 (amended from time to time)
(2) Government Savings Certificates Act 1959 (amended from time to time)
(3) Public Provident Fund Act 1968 (amended from time to time)

Statutory Rules
(1) Post Office Savings Bank General Rules 1981 (amended from time to time).
(2) Post Office Savings Account Rules 1981 (amended from time to time).
(3) Post Office Recurring Deposit Rules 1981 (amended from time to
time).
(4) Post Office Time Deposit Rules 1981 (amended from time to time).
(5) Post Office Monthly Income Account Rules 1987(amended from time to time).
(6) Public Provident Fund Scheme Rules 1968 (amended from time to time)
(7) National Savings Certificate (VIII Issue) Rules, 1989 (amended from time to time).
(8) Kisan Vikas Patras Rules, 1986 (amended from time to time).

Procedure
(1) All procedural rules of POSB Manual Vol-I and II.
(2) All SB Orders issued from 1.1.2007 onwards.

Approved Books
(1) POSB Manual Vol-I or Compilation of POSB Manual Vol-I
(2) POSB Manual Vol-II or Compilation of POSB Manual Vol-II
(3) POSB Manual Vol-III or Compilation of POSB Manual Vol-III or Handbook on
Government Small Savings Schemes

Eligibility Criteria:- All Postal Assistants who have completed one year’s service on 30th June or 31st December of the year in which test is conducted shall be eligible to appear. Test will be conducted twice in a calendar year i.e in the month of February and August. Candidates who have completed one year’s service as on 31st December shall be eligible for appearing in the test to be held in February and those who have completed one year’s service as on 30th June shall be eligible for appearing in the test to be held in August. There will be no restriction on number of times a candidate can appear.

Courtesy : http://manooss.blogspot.in/

Wednesday, February 20, 2013

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http://psdnashik.blogspot.in/


Source : PSD, Nashik

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CCS (JOINING TIME) RULES




CCS (JOINING TIME) RULES

   In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—

1. Preliminary

   (1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.
   (2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.
   (3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -
      (a) Railway employees,
     (b) Armed Forces Personnel and those paid from the Defence Services Estimates,
    (c) Government servants engaged on contract and those who are not in whole-time employment of Government.
     (d) Government servants, paid out of contingencies.
2.(1) When a Government servant to whom these rules apply is transferred to the control of another Government or organization, which has made separate rules prescribing amount of joining time, his Joining Time for the journey o join his post under that Government /organization and for the return journey, will be governed by those rules, unless different provisions are expressly made in the terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities.
   (2) The Joining Time of railway employees, Armed Forces Personnel and those paid from Defence Services Estimates and the employees of State Government or any other organization who are appointed to Civil Services and posts under the Central Government on deputation or on foreign service basis, shall, for joining the Civil Services and posts under the Central Government and for the return journeys, be regulated in accordance with these rules, unless different provisions are expressly made in their respective terms, of deputation/foreign service, by mutual agreement between the lending and borrowing authorities.

3. Definitions

   Unless there is Something repugnant in the subject or context, the terms defined in these rules are used in these rules in the sense hereinafter explained:-
   (a) “Department of Government of India” means a Ministiy or Department of the Central Government as notified from time to time and any other authority which exercises the powers of a Department/Ministry of the Government of India.
[ In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules. ]
   (b) “Head of Department” means the authority declared as such under the Delegation of Financial Powers Rules, 1978. In the case of the Indian Audit and Accounts Department, Head of Department means the authority declared as such by the Comptroller and Auditor-General of India.
   (c) “Joining Time” means time allowed to a Government servant in which to join a new post or to travel to a Station to which he is posted.
   (d) “Transfer” means the movement of a Government servant from one post to another either within the same Station or to another station to take up duties of a new post or in consequences of change of his headquarters.

4. Joining Time

   (1) Joining time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station. No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.
   (2) The surplus staff transferred from one post to another under the Scheme Regulating Redeployment of Surplus Staff shall be eligible for joining time.
   (3) Government servants who are discharged due to reduction of establishment from one Central Government office and reappointed to another Central Government office shall be entitled to joining time, if the orders of appointment to the new post are received by them while working in the old post. If they are appointed to the new post after being discharged from the old post, the period of break may be converted into joining time without pay by the Head of Department, provided that the break does not exceed 30 days and the Government servant has rendered not less than 3 years continuous service on the date of his discharge.
   (4) For appointment to posts under the Central Government on the results of a competitive examination and/or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time under these rules. But temporary employees of the Central Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.
   5. (1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon.
   (2) The joining time shall be calculated from old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters, or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer.
   (3) Not more than one day’s joining time shall be allowed to a Government Servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term ‘same station’ will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities. notified areas or cantonments as are contiguous to the named municipality. etc.
   (4) In cases involving transfer from one Station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).
Distance between the old headquarters and the new  headquarters
Joining Time admissible
Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 kms:
1,000 km or less 
10 days
12 days
More than 1,000 km
12 days
15 days
More than 2,000 km
15 days except in cases of travel by air for which the maximum will be 12 days.                                  
15 days

NOTE.— Distance means actual distance and not weighted mileage for which fare is charged by the Railways in certain ghat/hill sections.
   (5) Extension of joining time beyond the limits indicated in Rule 5 (4) can be granted up to the maximum limit of 30 days by the Head of Department and beyond 30 days by the Department of the Government of India, the guiding principle being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, if any, following the extended joining time. While computing the transit time, allowance could be made for the time unavoidably spent due to disruption of transport arrangements caused by strike or natural calamities, or the period spent awaiting the departure of the steamer.
   6. (1) When a Government servant joins a new post without availing full joining time by reasons that:-
   (a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or
   (b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family;
   the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave:
   Provided that the earned leave at his credit together with the unavailed joining time allowed to be so credited shall not exceed 240 days.
   (2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
   (3) If a Government servant in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of up to the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place, at which he received the revised orders as if he is transférred from that place.

7. Joining Time pay

   A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

8. Miscellaneous

   Where any Ministry / Department of Government of India is satisfied that the operation of any of these rules causes undue hardship to any particular case, that Ministry or Department of the Government of India may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that no such order shall be made except with the concurrence of the Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
   9. If any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
   10. All rules and instructions on the subject of joining time in force immediately before commencement of these rules and applicable to Government servants to whom these rules apply, are hereby repealed.

GOVERNMENT OF INDIA’S ORDERS

   (1) Transit Time /Joining Time to cover journey from / to a remote locality while proceeding on/or returning from leave.— With the promulgation of the Central Civil Services (Joining Time) Rules, 1979, certain provisions of FRs and SRs and Government Orders thereunder relating to transit time / joining time admissible to Government servants to cover journeys from to a remote locality while proceeding on/or returning from leave or on transfer became inoperative. As regards joining time to remote localities on transfer, no difficulty was anticipated because Heads of Departments could allow joining time under Rule 5 (5) of the CCS (Joining Time) Rules, 1979. As regards joining time to remote localities during leave, it was proposed to make suitable provisions in the Central Civil Services (Leave) Rules. Pending amendment to the Leave Rules, some administrative instructions were issued vide this Department’s Office Memorandum No. 21011/12/79-Allowances, dated the 16th November, 1979 and No. 19011/30/81-Allowances, dated the 13th October, 1981 (not printed). Since revision of the Leave Rules has not been finalized, the following administrative instructions are issued in supersession of those Office Memorandums to cover cases of journey to/from remote localities while on leave:-
   (i) A Government servant proceeding on leave from/to a place in the remote locality mentioned in Column 1 of the Annexure to this OM or returning from leave to/from the said place shall be entitled, once in a calendar year, to transit time each way to cover the period spent in journey between the said remote locality and the specified station at the scale prescribed in Column 3 of 
that Annexure.
   (ii) The concession is also admissible, while on leave, to a Government servant
   (a) who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and
   (b) who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.
   (iii) A Government servant domiciled in the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and proceeding on leave to his home town in another Island of the Union Territory concerned, shall be entitled, once in a calendar year, to transit time to cover the period spent in journey by sea to the island in which his home town is located and vice versa while returning from leave. The transit time thus admissible shall be the actual number of days taken in the journey by sea subject to a maximum of seven days for each journey.
   (iv) Where the outward journey falls in one calendar year and the return journey falls in the succeeding calendar year, the concession shall be counted against the calendar year in which the leave commences. In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during transit time shall be included.
   (v) A Government servant domiciled in the Union Territory of Andaman and Nicobar islands or the Union Territory of Lakshadweep and recruited for service in the respective territory, when posted for service on mainland in public interest shall be entitled joining time, once a year, while proceeding to and returning from the Union Territories of Andaman & Nicobar islands and Lakshadweep on leave.
   (vi) A Government servant, domiciled in any part of India other than Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and recruited whether within or outside that Union Territory for service there, while proceeding on leave from his post in one island in that Union Territory to his home town on the mainland to join his post in another island in that Union Territory shall be entitled to joining time on the same scale as provided in Para. I (i) above.
   2. When a Central Government servant posted in the remote areas spends his leave Outside the Union Territory, the journey time from the place in the remote area to the Specified Station indicated in the Annexure and vice versa will be treated as free joining time if admissible under this Office Memorandum and in addition, the remaining journey time if any, in excess of 2 days could be allowed as free joining time under the provisions of Finance Ministry O.M. No. 20014/3/83.E IV, dated the 14th December, 1983. (See Appendix- 9)
Source – DOPT
ORIGINAL COPY -http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/CCS-01082012.pdf

CGHS: Revision of Ceiling Rates for Coronary Angioplasty and Coronary Angioplasty with Balloon




F.No. Misc.1002/2006/CGHS(R&H)/ CGHS(P)
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare
Maulana Azad Road, Nirman Bhawan
New Delhi 110 108 dated the 7th February, 2013.

OFFICE MEMORANDUM
Subject: Revision of Ceiling Rates for Coronary Angioplasty and Coronary Angioplasty with Balloon for CGHS beneficiaries.
With reference to the above mentioned subject the undersigned is directed to draw attention to the Office Memorandum No. S.11011/23/2009 /Hospital Cell dated 17.08.2010 and other Office Memoranda issued subsequently whereby the OCHS package rates for Coronary Angioplasty were fixed by the Government for empanelled hospitals under CGHS in Delhi and NCR and other CGHS cities and to state that in supersession of the earlier CGHS rates ceiling rates the following ceiling rates are approved for reimbursement to CGHS beneficiaries/CGHS empanelled hospitals as per the details given below:
Coronary Angioplasty : Rs.50, 0001- (for semi-private ward)Coronary Angioplasty with Balloon : Rs.55, 000/- (for semi-private ward)
Reimbursement to beneficiaries /empanelled hospitals shall be limited to ceiling rate or as per actuals, whichever is lower. The other terms and conditions as regards to CGHS package rates remain unchanged.

2. The revised rates shall come into force from the date of issue and shall be in force till further orders.

3. This issues with the concurrence of Integrated Finance Division vide Note dated 20/12/2012 of AS & FA.
  
sd/-
(RAVI KANT)
UNDER SECRETARY TO GOVERNMENT OF INDIA

Source: http://www.cghs.nic.in

CAT Order: Regarding stepping up of pay only not the pay scale at par with junior



All India Postal Accounts Employees & other vs Union of India & others orders on 1st February, 2013 regarding 
grant of stepping up pay of all Senior Accountants on par with Senior Accountants who are junior to the former in the cadre of Sr. Accountant
Introductory first two paras of Order:
The applicants have sought the following relief:-
(a) Direction from this Hon ble Tribunal to Respondents for grant of stepping up pay of all Senior Accountants on par with Senior Accountants who are junior to the former in the cadre of Sr.Accountant. (b) Direction to the Respondents to pay compound interest on the arrears, compounded every months, as the respondents caused serious prejudice to the Applicants every months when the Applicants were not granted the financial upgradations by stepping up their pay. (c) Direction from Hon ble Tribunal to declare the CLAUSE 8 of the condition for grant of BENEFIT UNDER THE ACP SCHEME being uptra vires beyond the statute which provide The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there, shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay scale under the ACP Scheme. (d) Direction to the respondents to pay cost of litigationto the Applicants as the Applicants have been dragged to the Tribunal by the respondents.

(e) Any other order as this Hon ble Tribunal may deem fit under the present facts and circumstances of the case.

2. Briefly undisputed facts of the case are that the applicants joined the Department of Posts as LDCs and were promoted as Junior Accountant. Subsequently, on restructuring of the Accounts Cadre, 80% of the Accountants were designated as Senior Accountants and were placed in the pay scale of Rs.1400-2600 (revised Pay Scale Rs.5500-9000) w.e.f. 01.04.1987. Government of India promulgated an Assured Career Progression (ACP) Scheme for Central Government Civilian Employees vide their O.M. No. 35034/1/97-Estt(D) dated 09.08.1999 which provided for two financial upgradations to employees who had completed 12 and 24 years of service but had not found regular promotion in their department. Financial upgradation under the Scheme was to be given to the next higher grade in accordance with the existing hierarchy in a cadre. Clause-8 of the Scheme by which the applicants are aggrieved reads as follows:- The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to hisseniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme.


Conclusion para of Order (Order given by Hon'ble CAT):
9. In our opinion, the case of the applicants is covered by the aforesaid order of the Tribunal, hence they are also entitled to the same benefits. Accordingly, the present O.A. is allowed. Respondents are directed that the pay of the applicants be stepped up in terms of Para-9 of the aforesaid judgment. This shall be done within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.


See full details of Court Case:

Principal Bench, New Delhi.
OA-2124/2011
MA-1617/2011
Reserved on : 28.01.2013.
Pronounced on : 01.02.2013.

Hon ble Mr. G. George Paracken, Member (J)
Hon ble Mr. Shekhar Agarwal, Member (A)

1. All India Postal Accounts Employees
Association represented by S. Santosh Kumar,
President, R/o 13-B, DDA Flats, Type-IV,
New Mahavir Nagar, New Delhi-18.
2. E. Kanagraj, Senior Accountant
in O/o General Manager, Postal Accounts &
Finance, Tamilnadu Circle, Chennai-8. . Applicants
(through Sh. B.K. Berera, Advocate)

Versus

1. Union of India through
The Secretary,
Department of Posts (Postal & Accounts Wing)
Ministry of Communication & Information
Technology, Dak Bhawan, Sansad Marg,
New Delhi-1.

2. The Secretary,
Department of Personnel & Training,
Ministry of Public Grievances & Pensions,
North Block, New Delhi-1. . Respondents
(through Sh. S.M. Zulfiqar Alam, Advocate)

O R D E R

Mr. Shekhar Agarwal, Member (A)

The applicants have sought the following relief:-

(a) Direction from this Hon ble Tribunal to Respondents for grant of stepping up pay of all Senior Accountants on par with Senior Accountants who are junior to the former in the cadre of Sr.Accountant. (b) Direction to the Respondents to pay compound interest on the arrears, compounded every months, as the respondents caused serious prejudice to the Applicants every months when the Applicants were not granted the financial upgradations by stepping up their pay. (c) Direction from Hon ble Tribunal to declare the CLAUSE 8 of the condition for grant of BENEFIT UNDER THE ACP SCHEME being uptra vires beyond the statute which provide The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there, shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay scale under the ACP Scheme. (d) Direction to the respondents to pay cost of litigationto the Applicants as the Applicants have been dragged to the Tribunal by the respondents.

(e) Any other order as this Hon ble Tribunal may deem fit under the present facts and circumstances of the case.

2. Briefly undisputed facts of the case are that the applicants joined the Department of Posts as LDCs and were promoted as Junior Accountant. Subsequently, on restructuring of the Accounts Cadre, 80% of the Accountants were designated as Senior Accountants and were placed in the pay scale of Rs.1400-2600 (revised Pay Scale Rs.5500-9000) w.e.f. 01.04.1987. Government of India promulgated an Assured Career Progression (ACP) Scheme for Central Government Civilian Employees vide their O.M. No. 35034/1/97-Estt(D) dated 09.08.1999 which provided for two financial upgradations to employees who had completed 12 and 24 years of service but had not found regular promotion in their department. Financial upgradation under the Scheme was to be given to the next higher grade in accordance with the existing hierarchy in a cadre. Clause-8 of the Scheme by which the applicants are aggrieved reads as follows:- The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to hisseniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme.

3. The grievance of the applicants is that they have been denied benefits under this Scheme on the grounds that they had joined as LDC and had already found two promotions in their cadre, namely, to the post of Junior Accountant and then as Senior Accountant whereas those who had joined the department as direct recruits to the post of Junior Accountant and had found only one promotion to the level of Senior Accountant were given benefit of the ACP Scheme and placed in higher grade. The applicants have contended that due to denial of benefit of ACP Scheme to them many of the direct recruits who are junior to them in the cadre have started drawing more salary than their seniors. The applicants have further stated that all Senior Accountants regardless of the fact whether they are promotees or direct recruits are placed in a single gradation list and their seniority is determined on the basis of their date of appointment as Senior Accountants. The applicants had represented before the respondents but their representations had been rejected. Aggrieved by this, they have approached this Tribunal. Their main prayer is that Clause-8 of the ACP Scheme be declared ultra vires beyond the statute and their pay be stepped up to bring it at par with their juniors.

4. The respondents have in their reply stated that the ACP Scheme was enforced to deal with the problem of stagnation in certain cadres. It provides for at least two financial upgradations in service career of an employee even if he is not able to find regular promotions due to unavailability of vacancies. According to them Clause-8 of the Scheme clearly states that the financial upgradation under the Scheme is purely personal to the employee and shall have no relevance to his seniority position and as such no additional financial upgradation will be given to a senior employee on the ground that the junior employee has got higher pay scale under the ACP Scheme. The respondents argued that there is no infirmity in the Clause-8 of the Scheme placing reliance on the decisions of Hon ble Supreme Court in the case of UOI and Anr. Vs. V.R. Swaminathan, JT 1997(8) SC 61 and State of U.P. & Ors. Vs. J.P. Chaurasia and Ors., JT 1988 (4) SC 53.

5. We have heard the learned counsel for both sides and perused the material placed on record.

6. During the course of arguments, the respondents made available judgment of Bombay Bench at Nagpur of CAT in OA-2117/2005 (A.N. Pant & Ors. Vs. UOI & Ors.) dated 01.08.2012 between the same parties. By the aforesaid judgment, the claim of the applicants for placement in higher pay scale on the ground that junior employee had got that grade on account of ACP Scheme was rejected. However, learned counsel for the applicants pointed out that the prayer of the applicants in the instant case was different. According to him, in the case decided by the Bombay Bench at Nagpur, the prayer of the applicants was for grant of higher pay scale whereas in the instant case the prayer is only for stepping up of pay.

7. We have seen the judgment of the Hon ble Supreme Court on which reliance has been placed by the respondents and we find that the facts and circumstances of the two cases are different. Thus, in the case of V.R. Swaminathan (supra) senior employees were demanding stepping up of pay on account of the fact that juniors had got the benefit of higher pay because they had officiated on higher post based on local/circle seniority. Further, in the other case of J.P. Chaurasia (supra) two scales had been created in the cadre of Bench Secretaries of Allahabad High Court that promotions from lower to higher scale taking place based on seniority-cum-fitness. None of these two cases appears to be relevant.

8. On the other hand, the applicants have placed reliance on the judgment of Chandigarh Bench of this Tribunal dated 19.01.2010 in OA-156-JK-2009(Ashok Kumar Vs. UOI & Ors.). Relevant porition of this judgments reads as under:-
9. The issue raised in this case as to whether a senior person, though having received two promotions, is entitled to stepping up of his pay at par with his junior, who has been granted benefit under ACP Scheme and by virtue of this, is receiving higher pay than his senior, stands clinched by various decisions of this Tribunal including in O.A. No. 842-JK-2007 decided on 17.11.2009 titled Madan Gopal Sharma & Others Vs. Union of India & Others. In that case reliance was placed on decisions of Apex Court in the case of Ram Sarup Ganda (supra) and (Gurmail Singh). Reliance was also placed on decision in the case of Harcharan Singh Sudan (supra). It was held that seniors are entitled to step up their pay as a general rule as and when any junior gets fixed in a pay scale higher to them on account of grant of ACP Scale. Para 14 of the decision in the case of Harcharan Singh Sudan (supra) in Para 14 is reproduced as under:- 14. However, one aspect is to be seen. In the case decided by the Apex Court, the State Government was the appellant and the challenge was against the High Court judgment, which held that the higher pay scale be given to the respondents at par with their juniors whose pay scale became higher on account of the benefit of ACP afforded to them. The appeal was not dismissed but partly allowed and it was declared that the respondents were entitled to stepping up of pay. In other words, there shall only be the stepping up of pay and not the pay scale. The pay scale in respect of the applicants would remain the same as of date but the pay would be fixed in appropriate stage, and if there is no stage to match the pay drawn by the junior, the difference shall be treated as one of personal pay. The pay parity would be compared annually and partly would be maintained in future

10. Finding that the facts of this case are covered by the decision in the case of Harcharan Singh Sudan s case as well as Madan Gopal Sharma and Others (supra), this Original Application is allowed to the extent that annexure A-2 relating to rejection of claim of applicant is quashed and set aside.

11. With this O.A. stands disposed of and the respondents are directed to step up the pay of the applicant at par with his junior aforesaid and in terms of the directions contained in the case of Harcharan Singh Sudan (supra). It is made clear that the applicant shall be given stepping up of pay only and not the pay scale, as explained above. The pay may be fixed accordingly and arrears be also paid to him within a period of three months from the date of receipt of a copy of this order. However, in the given facts and circumstances of the case, applicant is not entitled to interest. Parties to bear their own costs.

9. In our opinion, the case of the applicants is covered by the aforesaid order of the Tribunal, hence they are also entitled to the same benefits. Accordingly, the present O.A. is allowed. Respondents are directed that the pay of the applicants be stepped up in terms of Para-9 of the aforesaid judgment. This shall be done within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. 
(Shekhar Agarwal) (G. George Paracken)


Member (A) Member (J)

Source: http://indiankanoon.in/doc/119664509/


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