Union Of India And ORS. v. Raj Rani Gaur And ORS.
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10229/2015 UNION OF INDIA AND ORS.
..... Petitioner Through Mr.Gigi C. George, Advocate versus RAJ RANI GAUR AND ORS.
..... Respondent Through Mr. S.C. Singhal, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 07.11.2016 1.
The Union of India, Director General of Health Services and the Principal and Medical Superintendent, Lady Hardinge Medical College and S.K. Hospital have filed this writ petition impugning the order dated 29th May, 2014 whereby OA 3280/2012 filed by four respondents, namely, Smt. Raj Rani Gaur, Smt. Ranjit Kaur, Smt. Aniamma Kumar and Smt. Mary Hongsha has been allowed with the direction that they would be entitled to financial upgradation under the Assured Career Progression scheme in the pay scale of Rs.800013,500 w.e.f. the dates they have completed 12 years of regular service as sister tutors.
2.
Having heard the counsel for the petitioner, we are not inclined to interfere with the impugned order which notices that pay scale of sister tutor and senior tutor were identical, i.e., Rs.650010500(Rs.2000-3500 pre revised). This being the position, the Tribunal was justified in taking notice and applying OM 35034/1/97Estt.(D)(Vol.IV) dated 10.2.2000 which on point of doubt no.1
clarifies as under:- S.No.
Point of doubt Clarification 1.
Two posts carrying different pay scales Since the benefits of constituting two rungs in a hierarchy upgradation under ACP have now been placed in the same payScheme (ACPS) are to be scale as a result of rationalization of allowed in the existing pay-scales. This has resulted into hierarchy, the mobility change in the hierarchy in as much as under ACPS shall be in the two posts which constituted feeder and hierarchy existing after promotion grades in the pre-merged merger of pay scales by scenario have become one grade. The ignoring the promotion.
An position may be clarified further by way employee who got promoted of the following illustration: prior to the from lower pay-scale to implementation of the Fifth Central Pay higher pay-scale as a result Commission recommendation, two of promotion before merger categories of posts were in the payof pay-scales shall be scales of Rs.1200-1800 and Rs.1320entitled for upgradation 2040 respectively; the latter being under ACPS ignoring the promotion post for the former. Both the said promotion as otherwise posts have now been placed in the pay he would be placed in a scale of Rs.4000-6000. How the benefits disadvantageous position of the ACP Scheme is to be allowed in vis-a-vis the fresh entrant in such cases?
the merged grade.
3.
Accordingly, the stand of the petitioner that the respondents would be entitled to grant of a financial upgradation but would still be placed in the same pay scale of Rs.6500-10500(Rs.2000-3500 pre revised) is wrong and incorrect. The stand obviously does not notice that the promotional post should not normally carry the same pay
scale of the lower post.
4.
In the present case, two posts of sister tutor and senior tutor were clubbed and had merged with a common pay scale. Thus, the post of Senior Tutor cannot be regarded as a promotional post. 5.
On the question of financial upgradation, it is noticed that the Tribunal has granted financial upgradation in the pay scale of Rs.8000-13500. The same scale is being paid on promotion and financial upgradation in Dr. RML Hospital, New Delhi. It is also pointed out that the pay scale of the promotional post of principal tutor was identical Rs.8000-13500 (Rs.2200-4000 pre revised). 6.
Learned counsel for the petitioner has not been able to show a different pay scale in any equivalent promotional post in any other institutions.
7.
In view of the aforesaid position, we find that the Tribunal was justified in granting financial upgradation in the pay scale of Rs.800013500 under the Assured Career Progression scheme w.e.f. the date the said respondents had completed 12 years of regular service as sister tutors.
8.
The writ petition is accordingly dismissed. No costs. SANJIV KHANNA, J SUNITA GUPTA, J NOVEMBER 07, 2016/rs