Delhi High Court
Ram Lal Adlakha vs Govt. Of Nct Delhi And Ors. on 25 May, 2016
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgement delivered on: 25.05.2016
+ W.P.(C) 4172/2015
RAM LAL ADLAKHA
..... Petitioner
Through: Mr. U. Srivastava, Adv.
versus
GOVT. OF NCT DELHI AND ORS.
..... Respondent
Through: Mr. Satyakam, Adv. Addl. Standing
Counsel for Govt. of NCT of Delhi
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J (ORAL)
1. Ramlal Adlakha by this writ petition impugns order dated
12.12.2012 passed by the Principal Bench of the Central
Administrative Tribunal in O.A. No. 225 of 2012.
2. The impugned order rejects the prayer made by the petitioner
that he was entitled to second financial upgradation under the Assured
Career Progression Scheme (ACP Scheme, for short).
3. On 16.10.1964, the petitioner was appointed as Instructor
(Engineering) in the Directorate of Technical Education, in the
Government of Delhi. On 07.09.1970, he was promoted and granted
pay scale of Post Graduate Teacher in the scale of Rs.550-900/-and
his designation was changed to Senior Drawing Teacher. In 1975, the
petitioner along with many others were declared surplus and his
services were terminated with effect from 18.08.1976.
4. On 13.11.1976, the petitioner was appointed as Crafts Teacher
(Works Experience Teacher) in the Directorate of Education, the
Govt. of Delhi on the lower pay scale of Rs.440-750/-. Subsequently,
on 28.09.1994 the petitioner was granted pay protection based on his
earlier pay when his services were terminated on 18.08.1976 in the
scale of Rs.550-900/- applicable to the Post Graduate Teachers. The
petitioner retired from service on 31.07.2003.
5. After retirement, a dispute arose when the Govt. of Delhi made
recoveries without issuance of any show cause notice on account of
wrong fixation of pay. The petitioner had challenged the recoveries
by filing an O.A., but did not succeed. The petitioner thereafter filed
Writ Petition (C) No. 5877 of 2007 and by order dated 20.08.2007 the
High Court held that the recoveries could not have been made without
issuing a show cause notice and giving the petitioner an opportunity
of being heard. The High Court on the issue of pay fixation had
held:-
Apart from the aforesaid consideration, we also
find force in the Petitioner's submission that the
Respondent was wrong in its contention that the
Petitioner was not entitled to draw salary of
Rs.550-900. He has drawn our attention to an
office order dated 28.9.1976, which shows that as
per the increments to which the Petitioner was
shown to be entitled as on 1st September 1975 his
revised pay was fixed at Rs.725/- which is in the
revise pay scale and not in the pre-existing scale.
This shows that the Petitioner was in the revised
scale of Rs..550- 900 prior to the termination of
his service on 18.8.1976.
A reading of the aforesaid paragraph would reflect that the
High Court took notice of the office order dated 28.09.1976 and pay
scale and the pay that the petitioner was drawing on the date of
termination. Upon appointment as the Craft Teacher (Work
Experience Teacher),the petitioner was given the lower pay scale of
Rs.440-750/-. In order to grant pay protection the petitioner was
granted increments so as to fix his pay at the earlier pay at Rs.725/-.
This was treated as revised pay and not the pay in the pre-existing
scale.
6. In the meanwhile, the pay scales were revised as a result of 4th
Pay Commission with effect from 01.01.1986. The petitioner then
working as Crafts Teacher (Work Experience Teacher) was placed in
the revised scale of Rs.1400-2600/-. The petitioner with effect from
01.01.1986 was promoted as a Post Graduate Teacher in the scale of
Rs.1640-2900/-. This was the first promotion. The said promotion
was in the hierarchy and was later counted for the purpose of ACP
Scheme which was introduced by the government with effect from 9 th
August, 1999. The petitioner by then had completed about 24 years
of service. Accordingly, with effect from 09.08.1999, the petitioner
was granted second financial upgradation in the pay scale of Rs.7500-
12000, which was the replacement scale for the pre-revised scale of
Rs.2200-4000. Thus the petitioner was granted the second financial
upgradation under the ACP Scheme.
7. It is therefore clear and shown that the petitioner had got two
financial upgradations or promotions as per the promotional
hierarchy. This would meet the mandates of the ACP Scheme. The
petitioner accordingly is not entitled to any further financial
upgradation under the ACP Scheme.
8. The writ petition is dismissed. No order as to costs.
SANJIV KHANNA, J
NAJMI WAZIRI, J
MAY 25, 2016/acm
