Delhi High Court
Govt. Of Nct Of Delhi & Ors. vs N.K. Rohatgi on 12 July, 2016
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2749/2016
% Judgment Dated: 12th July, 2016
GOVT. OF NCT OF DELHI & ORS ..... Petitioners
Through : Mr. Mukesh Kumar Singh, Advocate.
versus
N.K. ROHATGI ..... Respondent
Through : Nemo.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE I.S.MEHTA
G.S.SISTANI, J (ORAL)
CM Nos. 11577-78/2016 (Exemption)
1. Exemption allowed subject to all just exceptions.
2. Accordingly, these applications stand disposed of.
W.P.(C) 2749/2016
3. The challenge in this writ petition is to the order dated 6 th October, 2015
passed by the Central Administrative Tribunal (CAT) by which an OA filed
by the respondent seeking grant of MACP has been allowed.
4. An additional affidavit has been filed wherein it has been deposed as under:
"That as per record, Sh.N.K. Rohtagi completed 30 years of
regular service on 10.01.2002 and was accordingly eligible for 3 rd
financial upgradation with effect from 01.09.2008 i.e. the date of
introduction of the MACP Scheme.
That as on the due date of eligibility of MACP i.e.
01.09.2008, Sh. Rohtagi was holding the higher post of JAO on ad
hoc basis, while holding the post of UDC on regular basis.
That as per Para-26 of the annexure to the OM dated
19.05.2009 of GOI, DoPT, cases of persons holding higher posts
purely on ad hoc basis shall also be considered by the Screening
Committee along with others. They may be allowed the benefit of
financial up gradation on reversion to the lower post or if it is
beneficial vis-à-vis the pay drawn on ad hoc basic.
That accordingly the case of Sh. Rohtagi is to be considered
by his cadre controlling authority with reference to the post of
UDC, the post he was holding on regular basis.
That as on the due date of his eligibility for 3rd financial
upgradation under MACP Scheme i.e. on 01.09.2008, Sh. N.K.
Rohtagi was holding the post of Junior Accounts Officer on ad hoc
basis. However, on the said date, he was holding the post of UDC
on regular basis. So as on 01.09.2008, he would have drawn pay in
PB-2: Rs.9300-34800 plus Grade pay Rs.4200/- had he not been
holding the post of JAO on ad hoc basis. Accordingly, Sh. Rohtagi
was entitled to 3rd financial upgradation on 01.09.2008 in the
Grade Pay of Rs.4600/-, being the next hierarchical Grade Pay, in
terms of Govt. of India, Dept. of Personnel & Training, OM
No.35034/3/2008-Estt.(D), dated 19th May 2009.
That accordingly, Sh. Rohtagi, AAO (Retired) is not entitled
for financial upgradation in the Grade Pay of Rs.5400 but only in
the Grade Pay of Rs.4600/-.
That however, Sh.N.K. Rohtagi was already drawing higher
grade of Rs.4800/- as on 01.09.2008 i.e. the due date for 3 rd
financial upgradation, consequent upon his promotion on ad hoc
basis to the post of Junior Accounts Officer with effect from
28.01.2004."
5. The learned counsel for the petitioner submits that the respondent was
holding a higher post of Junior Accounts Officer (JAO) on ad hoc basis
while holding the post of Upper Division Clerk (UDC) on regular basis. It
is further submitted that as per para 26 of the annexure to the OM dated
19.05.2009 of DoPT, GOI cases of persons holding higher post purely on
ad hoc basis shall also be considered by the Screening Committee along
with others.
6. While relying on the additional affidavit, it is stated that a person may be
allowed the benefit of financial upgradation on reversion to the lower post
or if it is beneficial vis-a-vis the pay drawn on ad hoc basis.
7. It is further submitted that accordingly the case of respondent is to be
considered by his cadre controlling authority with reference to the post of
Upper Division Clerk (UDC), the post he was holding on regular basis as
on the due date of his eligibility for 3rd financial upgradation under MACP
Scheme, i.e. on 01.09.2008, the respondent was holding the post of Junior
Accounts Officer (JAO) on ad hoc basis. However, on the said date, he was
holding the post of UDC on regular basis. So as on 01.09.2008, he would
have drawn pay in PB-2: Rs.9300-34800 plus Grade pay Rs.4200/- had he
not been holding the post of Junior Accounts Officer (JAO) on ad hoc basis
and accordingly, the respondent was entitled to 3rd financial upgradation on
01.09.2008 in the Grade Pay of Rs.4600/-, being the next hierarchical
Grade Pay, in terms of OM No.35034/3/2008-Estt.(D) of Govt. of India,
Dept. Of Personnel & Training, dated 19th May, 2009. Therefore, the
respondent/Sh. Rohtagi, Assistant Accounts Officer (AAO) (Retired) is not
entitled for financial upgradation in the Grade Pay of Rs.5400 but only in
the Grade Pay of Rs.4600/-.
8. It is further submitted that, however, the respondent was already drawing
higher grade of Rs.4800/- as on 01.09.2008, i.e. the due date for 3rd
financial upgradation, consequent upon his promotion on ad hoc basis to
the post of Junior Accounts Officer (JAO) with effect from 28.01.2004.
9. Learned counsel for the petitioner submits that the above facts which are
urged before us during the course of hearing today inadvertently could not
be brought to the notice of learned Tribunal.
10.Learned counsel for the petitioner seeks leave to withdraw the instant writ
petition with liberty to file a review application, bringing out the correct
facts, before the learned Tribunal.
11.Accordingly, the writ petition is disposed of with liberty as prayed for to
file a review application before the learned Tribunal and in case, the review
application is filed within a period of two weeks from today, the Tribunal
would take a lenient view with regard to the issue of limitation.
12.The petitioner will also seek leave of the Tribunal to place additional
affidavit on record bringing out the correct facts.
13.This writ petition is disposed of in above terms.
CM No.11579/2016 (stay)
14. In view of the order passed in the writ petition, this application has been
rendered infructuous. The same stands disposed of as such.
15. Dasti under the signatures of the Court Master.
G.S.SISTANI, J
I.S.MEHTA, J
JULY 12, 2016
j
