Calcutta High Court
Chittaranjan Patra vs Union Of India And Ors on 10 September, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
1
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
Present:
The Hon'ble Justice Debangsu Basak
and
The Hon'ble Justice Md. Shabbar Rashidi
APO No. 102 of 2024
Chittaranjan Patra
Vs.
Union of India and Ors.
For the appellant : Mr. Samim Ahammed, Adv.
Mr. Arka Maiti, Adv.
Mr. Aniruddha Singh, Adv.
Ms. Ambiye Khatun, Adv.
For the respondents: Mr. Soumya Majumder, Adv.
Mr. Arijit Bakshi, Adv.
Mr. Sukanta Ghosh, Adv.
Heard on : August 22, 2024
Judgment on : September 10, 2024
2
Md. Shabbar Rashidi, J.
1. The appeal is in assailment of an order dated March 21, 2024
passed in WPO No. 1892 of 2023 dismissing the Writ Petition filed on
behalf of the appellant.
2. By the impugned order the learned Single Judge held that by reason
of the upgradation, the petitioner was disentitled of the first tranche
of the MACP, i.e. from 1992 to 2002. In the second tranche, i.e. from
2002 to 2012, the petitioner secured a promotion on November 22,
2004 from S-1 to S-12. He was therefore disentitled to the second
tranche of MACP between 16.12.2002 to 16.12.2012. He retired on
July 31, 2020 before completion of the third tranchewhich would be
accrued to him had he served until 15th December 2022.
3. The appellant filed the Writ Petition seeking direction upon the
respondent authorities to grant the petitioner the benefits of modified
career advancement scheme. It is the case of the petitioner that he
was initially appointed to the post of cataloguer in the Indian
Museum library on December 16, 1992 in the pay scale of ₹. 1200 -
2040. Subsequently his services were confirmed by an office order
dated April 12, 1996.
4. It was further case of the writ petitioner that by an office
memorandum dated July 24, 1990, a review committee constituted
in terms of the recommendations of the 4thPay Commission,
recommended the re-designation of the post carrying pay scale of₹.
1200 - 2040 as library information assistant in the pay scale of₹.
1400 - 2600. In pursuance of such recommendation, the petitioner
along with others submitted a representation for implementation of
such recommendations.
5. By an office order dated August 25, 1998, the writ petitioner was
granted personal upgradation of pay to the pre-revised scale of ₹.
1400 - 2300 with effect from the initial appointment of the petitioner.
Such upgradation, according to the petitioner, was not a promotion.
At the same time the recommendations of memorandum dated July
24, 1990 was also not implemented.
6. The writ petitioner filed a Writ Petition being WP No. 1909 of 1999
seeking implementation of the office memorandum dated July 24,
1990. The said writ petition has to be withdrawn in view of the
implementation of the recommendations of the 5thPay Commission.
The said recommendations provided for merger of the post of Library
and Information Assistant and Senior Library Assistant in the pay
scale of ₹. 5500 - 9000 with effect from January 1, 1996.
7. Accordingly, on January 16, 2003 the post of the petitioner i.e.
Cataloguer was redesignated as Library and Information Assistant in
the revised scale of pay of ₹. 5500 - 9000. According to the writ
petitioner, since his appointment in the year 1992, he never received
any promotion till 2003.According to him, such redesignation of the
post of the petitioner in the revised pay scale of ₹. 5500 - 9000
cannotbe construed as a promotion.
8. By an office order dated November 22, 2004, the petitioner was
promoted to the post of Assistant Library and Information Officer in
the pay scale of ₹. 6500-10500. On account of such promotion, the
petitioner was disentitled from the benefits of Assured Career
Progression Scheme notified on November 25, 2004.
9. Subsequently, in pursuance of the recommendation of 6thPay
Commission, by an office order dated February 3, 2009, the pay of
the petitioner was revised in the pay scale of ₹. 9300-34800 with
grade pay of ₹. 4600/-. The 6thPay Commission also recommended for
Modified Assured Career Progression Scheme (MACPS) which
provisioned for financial upgradation on completion of 10, 20 and 30
years of service.
10. The petitioner also submitted that in terms of clause 5 of the
MACP scheme, financial upgradation of the pay scale of the
petitioner in the revised the scale of ₹ 5000/8000, ₹ 5500/9000 and
₹ 6500 - 10,500 could not be considered as promotion as such
upgradation was on account of merger of the scales. Similarly, the
upgradation of the pay scale of the petitioner in terms of office order
dated January 16, 2003 with effect from January 1, 1996 was also
re-fixation of his pay following the recommendations of the Pay
Commission. Such upgradation can neither be considered as
promotion nor benefits of Assured Career Progression. The petitioner
also submitted that in spite of serving for 16 years in the post of
Assistant Library and Information Officer, the petitioner was never
favoured with the benefits of ACP/MACPS till his superannuation on
July 31, 2020.
11. The petitioner further submitted that in spite of a directive from
the Ministry of Culture vide its letter dated February 27, 2012 Re:
consideration of the promotion of the persons working in the post of
Assistant Library and Information Officer to the post of library
information officer in the pay scale of ₹ 15,600 - 39,100 with Grade
Pay of ₹ 6600, the respondents did not take any steps either to
promote the petitioner or favor him with the benefits of MACPS even
after seven years of continuous service. The petitioner approached
this Court in WP 30144 (W) of 2015 in this regard but to no avail.
12. The petitioner submitted several representations before the
authorities seeking the benefits of MACPS and having failed any
consideration, filed the Writ Petition being WPO 1892 of 2023 which
resulted in the impugned order.
13. The petitioner was initially appointed in the post of cataloguer
in the Indian Museum library on December 16, 1992 in the pay scale
of ₹. 1200 - 2040. His employment was confirmed by the office order
dated April 12, 1996. A review committee constituted following the
recommendations of the 4thPay Commission, recommended by its
memorandum dated July 24, 1990, for redesignation of the post
carrying pay scale of ₹. 1200 - 2040 as Library Information Assistant
in the pay scale of ₹. 1400 - 2600. Following such recommendations
and in view of the representations made on behalf of the petitioner,
he was upgraded in the pay scale of ₹ 1400 - 2300 by an office order
dated August 25, 1998 with effect from the date of his initial
appointment on December 16, 1992. Therefore, such upgradation of
the pay scale of the petitioner, at no stretch of imagination, could be
considered as extending him the benefits of Assured Career
Progression or the promotion. It was merely the upgradation
following the recommendations of the pay commission.
14. Furthermore, since, the recommendations dated July 24, 1990
was not fully implemented in the case of the petitioner because he
was upgraded to the pay a scale of ₹ 1400 - 2300 instead of the scale
of ₹ 1400 - 2600, the petitioner approached this court in a writ
petition being WP No. 1909 of 1999. However, the said writ
application had to be withdrawn by the petitioner in order to
facilitate the implementations of the 5thPay Commission by the
authorities. By the recommendations made by the 5thPay
Commission, the posts of Library and Information Assistant and
Senior Library Assistant were recommended to be merged in the pay
scale of ₹. 5500 - 9000 with effect from January 1, 1996.
15. In accordance with such recommendations, the petitioner was
placed in the post of Library and Information Assistant in the pay
Scale of ₹. 5500 - 9000 with effect from January 01, 1996 i.e. the
date of implementation of 5th pay commission. Such upgradation of
the scale of pay of the petitioner was also following the
recommendations of the Pay Commission generally applicable to all
the employees falling under such scales of pay. Therefore, such
upgradation also could not be considered as the benefit extended on
account of Assured Career Progression or promotion.
16. The petitioner was neither granted promotion nor did he receive
the benefit of any Assured Career Progression scheme since his
appointment on December 16, 1992 until 2003. However, by an
office order dated November 22, 2004, the petitioner was promoted to
the post of Assistant Library & Information Officer in the pay scale of
₹. 6500-10500, from the post of Library and Information Assistant.
Subsequently, the benefit of Assured Career Progression scheme was
also notified on November 25, 2004 extending the benefits of ACP to
the petitioner with effect from December 16, 2004 i.e. on completion
of 12 years of service in the same scale as applicable at the relevant
time for the employees belonging to Group 'B' 'C' or 'D', in terms of
Office Memorandum No. 35034/1/97-Estt. (D) Dated August 9,
1999. Since the petitioner was promoted to the post of Assistant
Library & Information Officer in November, 2004, he became
disentitled for the benefits of such ACP.
17. The petitioner has been working in the post of Assistant Library
and Information Officer since his promotion in the year 2004 and
superannuated on July 31, 2020. He was not granted any promotion
upon benefit of assured carrier progression during the period from
November 22, 2004 till July 31, 2020, he was served in the cadre for
sixteen years.
18. In pursuance of the recommendation of this pay commission,
by an office order dated November 03, 2009, the pay scale of the writ
petitioner was revised in the pay band of Rs. 9,300-34,800/-with
grade Pay of Rs. 4,600/-. The records placed before us also
demonstrates that under the recommendation of this pay
commission, modified carrier progression scheme (MACPS) was
introduced vide office memorandum dated May 19, 2009. Such
MACP provided for financial upgradation of pay scale upon
completion of 10 years, 20 years and 30 years of service.
19. As noted above, the petitioner was promoted to the post of
Assistant Library and Information Officer with effect from October
27, 2004 vide office order dated November 22, 2004. He served in the
said post for 16 years without any promotion. As such, in terms of
the office memorandum dated May 19, 2004, the petitioner was
entitled for MACPS upon completion of 10 years in the post of
Assistant Library Information Officer. Apparently, he completed 10
years of service in the post of Assistant Library and Information
officer on October 26, 2014. Accordingly, the petitionerwas entitled
for the benefit of first MACPS in the post of Assistant Library and
Information Officer with effect from October 27, 2014. Admittedly, he
was superannuated on July 31, 2020 before completion of the next
10 years, he cannot claim the second MACPS which would have
become due, had he completed 20 years of service in the said post
without promotion.
20. In the light of the discussion made hereinabove, we set aside
the impugned order. We hereby direct the authorities to grant the
petitioner the benefits of first MACPS in the post of Assistant Library
and Information Officer as indicated above. Accordingly, the appeal
being APO No. 102 of 2024 is hereby disposed of.
21. Urgent Photostat certified copy of this order, if applied for, be
supplied to the parties on priority basis upon compliance of all
formalities.
[MD. SHABBAR RASHIDI, J.]
22. I agree.
[DEBANGSU BASAK, J.]
