Petitioner challenging Tribunal order rejecting claim for Assured Career Progression benefits due to post abolition. Court held ACP benefits fixed at eligibility date cannot be reviewed upon subsequent cadre restructuring. Tribunal order upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
OP (CAT).No.4614 OF 2013(Z)
AGAINST THE ORDER IN OA 431/2009 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
V.RADHAKRISHNAN AGED 56 YEARS S/OK.NARAYANAN NAIR, FITTER, CENTRAL INSTITUTE OF FISHERIES, NAUTICAL AND ENGINEERING TRAINING, KOCHI 16, RESIDING AT KALARICKAL PARAMBIL, EDAPPALLY NORHT, KUNNUMPURAM P.O, COCHIN 682024
BY ADV. SRI.M.A.SHAFIK
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT 0F INDIA, MINISTRY OF AGRICULTURE, (DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES), KRISHI BHAVAN, NEW DELHI 110001
2 THE DIRECTOR CENTRAL INSTITUTE OF FISHERIES, NAUTICAL AND ENGINEERING TRAINING, KOCHI 16
R1-2 BY ASSISTANT SOLICITOR GENERAL R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09-12-
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2019, THE COURT ON 09-12-2019 DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 9th day of December 2019
K.VINOD CHANDRAN, J.
The petitioner assails the order of the Tribunal which rejected the claim for Assured Career Progression (ACP) benefits in the post of Mechanical Supervisor pursuant to abolition of the post of Senior Fitter as per Annexure A6. The petitioner is said to have been entitled to ACP benefits reckoning his entry into service as 1986. On 9.8.1999, the ACP Scheme was introduced. The petitioner was also granted the first financial upgradation after 12 years of stagnation in the post of Fitter by granting the scale of pay applicable to a Senior Fitter. Later, there was an abolition of the Senior Fitters posts by virtue of Annexure A6, ie, 1.12.2008. The
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abolition was the result of a down grading of posts carried out by the Department.
ACP benefits in the year 9.8.1999 has to be reviewed and the up-gradation granted in the post of Mechanical Supervisor; the higher post to Senior Fitter posts.
hereunder:-
“Doubt 41.- A cadre consists of 4 Grades - 'A', 'B', 'C' and 'D' (in ascending order). Upon restructuring of a cadre, Grade 'B' is Grade 'A', who are eligible for financial upgradation on or after 9- 8-1999 but before the date of effect of restructuring, get first/second financial upgradation in Grade 'B' and Grade 'C respectively but those who become eligible for financial upgradation after the restructuring has been effected are entitled to first financial upgradation in Grade 'C' and second financial upgradation in Grade 'D'. This is anomalous. The cases of earlier set of employees should be reviewed and they may be allowed financial upgradations as applicable to the latter category of employees.
Clarification-The benefit of ACP Scheme is to be allowed as
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per the hierarchy existing, as on the date the employees become eligible for financial upgradation under ACPS. Cadres/hierarchical structures are never static and are always subject to review based on recommendations of Pay Commissions/Expert Committees or otherwise and it is not possible to review the entitlements under ACPS already earned every time a cadre is reviewed. ACPS is only a temporary solution to provide relief to stagnating employees and the lasting solution for stagnation lies in review of cadre structures, as regular promotions will be earned in such restructured grades. All the employees will benefit from such cadre restructuring.”
indicates that there can be no review of entitlements under the ACPS every time a cadre is reviewed and the ACP would have to be allowed as per the hierarchy existing as on the date the employee becomes eligible for financial upgradation. In this case, as on 9.8.1999, when the ACP scheme was introduced, the petitioner was entitled to a financial up-gradation to the post of Senior Fitter. The fact that later the post stood down graded and abolished would not inure any benefit on the petitioner to seek a review of the earlier ACP granted. As on the date of grant, there was a
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hierarchical post in the cadre and the pay applicable to the next higher posts was granted to the petitioner. The same cannot be subject to any review.
We do not find any reason to interfere with the order of the Tribunal. The original petition is rejected. No order as to
costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/JUDGE
Scl/ 9.12 x
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXHIBIT P1 PHOTOSTAT COPY OF THE O.A NO 527/2006 FILED BEFORE THE C.A.T
ANNEXURE A-3 TRUE COPY OF THE OFFICE MEMO NO.1315/2006-ADM. DATED 29.11.2007 ISSUED BY THE CHIEF INSTRUCTOR ME) CIFNET.
ANNEXURE A-9 TRUE COPY OF THE OFFICE ORDER F.NO.13/2007-ADM DATED 3.11.2008 ISSUED BY THE SR. ADMINISTRATIVE OFFICER, CIFNET.
ANNEXURE A-1 TRUE COPY OF THE ORDER DATED 10.10.2007 IN O.A.NO. 792007 OF THIS HON'BLE TRIBUNAL. ANNEXURE A-2 TRUE COPY OF THE REPRESENTATION DATED 24.10.2007 ADDRESSED TO THE 2ND RESPONDENT.
ANNEXURE A-4 TRUE COPY OF THE RECRUITMENT RULES FOR THE POST OF MECHANICAL SUPERVISOR IN THE CIFNET.
ANNEXURE A-5 TRUE COPY OF THE 1ST RESPONDENT'S LETTER NO. 15030/33/81FN. DATED 21.12.2008.
ANNEXURE A-6 TRUE COPY OF THE 1ST RESPONDENT'S LETTER F.NO. 3.21.200E-FY(ADMN.) DATED 12.12.2008.
ANNEXURE A-7 TRUE COPY OF THE OFFICE ORDER F.NO. GF.1/2009-ADM. DATED 31.03.2009.
ANNEXURE A-8(a) TRUE COPY OF THE OFFICE ORDER
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NO.F.F.24/99E11 DATED 30.07.2004.
ANNEXURE A-8(b) TRUE COPY OF THE ORDER NO. F.8-32/99 VOL.III DATED 19.08.2004. EXHIBIT P2 EXHIBIT P2 PHOTO COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS ANNEXURE R-1 TRUE COPY OF THE DOPT O.M. NO. 35034/1/97-ESTT(D) (VOL.IV) DATED 18.07.2001. EXHIBIT P3 EXHIBIT P3 PHOTOCOPY OF THE REJOINDER STATEMENT FILED BEFORE THE CAT IN OA NO 431/2009 EXHIBIT P4 EXHIBIT P4 PHOTO COPY OF THE ADDL. REPLY STATEMENT FILED BY THE RESPONDENTS
ANNEXURE R-2 TRUE COPY OF THE THEN EXISTING RECRUITMENT RULES OF THE POST OF SR. FITTER AS PER WHICH THE FITTER IS THE FEEDER POST. EXHIBIT P5 EXHIBIT P5 PHOTO COPY OF THE AFFIDAVIT FIELD BY THE RESPONDENTS
EXHIBIT P6 EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 14-02-2011 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL O.A NO 431/2009
3 issues framed by the court
Whether the petitioner is entitled to a review of Assured Career Progression (ACP) benefits granted in 1999 following subsequent downgrading and abolition of the Senior Fitter post.
Whether cadre restructuring permits re-examination of financial upgradation entitlements earned under the ACP Scheme before the restructuring.
Whether the Tribunal erred in refusing to grant further upgradation to Mechanical Supervisor after the abolition of the Senior Fitter post.
2 provisions across 2 enactments
V.Radhakrishnan
Union of India
The Director Central Institute of Fisheries
K.Vinod Chandran
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
