CENTRAL ADMINISTRATIVE TRIBUNAL,

ERNAKULAM BENCH
Original Application No. 1028 of 2012
Tuesday, this the 18th day of August, 2015
CORAM:
Hon'ble Mr. Justice N.K. Balakrishnan, Judicial Member
Hon'ble Mrs. P. Gopinath, Administrative Member
1. Kendriya Vidyalaya Non-teaching Staff Association,
represented by its General Secretary Ashok Kumar Verma,
aged 36 years, S/o. (late) P.N. Verma, Lower Division Clerk,
Kendriya Vidyalaya, of Khamaria, Jabalpur under orders of
transfer to KV Dhamtari, Chhattisgarh, residing at 1614/1,
Yadav Colony, Jabalpur, Madhya Pradesh, Pin - 482 002.
2. Amruta Kumari K., aged 53 years,
D/o (late) K. Gopalakrishna Menon, Upper Division Clerk,
Kendriya Vidyalaya, INS Dronacharya, Kochi, Residing at:
Padma Vilas, Kithar Road, Panampilli Nagar, Ernakulam District.
3. Sujatha Prasannan, aged 52 years, D/o. (late) Kuttappan Nair,
Upper Division Clerk, Kendriya Vidyalaya (Naval Armament
Depot), Alwaye, Residing at : Kadappana Saranalayam,
Kakkanad PO, Thrikkara, Ernakulam District.
.... Applicants
(By Advocate :

Mr. T.C.G. Swamy)

Versus

1. The Commissioner, Kendriya Vidyalaya Sangathan,

18-Institutional Area, Shahid Jeet Singh Marg,
New Delhi - 110 016.
2. The Joint Commissioner (Pers), Kendriya Vidyalaya Sangathan,
18-Institutional Area, Shahid Jeet Singh Marg, New Delhi-110 016.
3. The Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Regional Office, Ernakulam Region, Kadavanthra, Cochin-682 020.
4. Union of India, represented by the Secretary to the Government of
India, Ministry of Human Resources Development,
New Delhi - 110 001.
. . . . Respondents
[By Advocate :

Mr. K.I. Mayankutty Mather (R1-3)]

This application having been heard on 5.8.2015, the Tribunal on

18.8.2015 delivered the following:
ORDER
Hon'ble Mr. Justice N.K. Balakrishnan, Judicial Member This application is filed by the applicants/non-teaching staff
association of Kendriya Vidhyalaya represented by the General Secretary
and two other persons seeking a declaration that the applicants are entitled
to the revised pay band of Rs. 9,300-34,800/- plus GP Rs. 4,200/- with
effect from 1.8.2008 and to direct the respondents to grant the same.

2. The case of the applicants can be stated in brief as follows:-

2.1. Initially the ministerial staff of KV and the ministerial staff of

Regional/Headquarters office of KVS formed two different cadres. On and
with effect from 18.7.2001 the two independent cadres were merged
together to form a common cadre with equal promotion opportunities. The
cadre of Assistants/Audit Assistants of HQ/Regional Officers in the scale of
pay of Rs 5000-8000/- later was revised as Rs. 5500-9000/- and the cadre
of Head Clerks in the KVS in the scale of Rs. 4,500-7,000/- upon merger
was given a common designation of Assistant Superintendent with revised
scale of pay of Rs. 4,500-7,000/-. The higher scale of pay of Rs. 5,0008,000/- (Rs. 5,500-9,000/- as revised) was allowed to be retained by
erstwhile Assistants, Audit Assistants of HQ/Regional Offices as personal
to them. The scale of pay of Rs. 4,500-7,000/- attached to the pay of
Assistant Superintendent was revised to Rs. 5,500-9,000/- with effect from

1.8.2008. The post of Assistant Superintendent was re-designated as

Assistants as evident from Annexure A2 which would indicate the merger
of the cadre with effect from 18.7.2001. Annexure A3 is the office
memorandum issued from the office of the 1st respondent. In consonance
with Annexure A3 the Recruitment Rules were amended as per Annexure
A4 which was published as per Annexure A5. The merger was complete as
on 18.7.2001 itself. The merged seniority list was also published. The
applicants 2 and 3 who are Upper Division Clerks and others were granted
the 1st and 2nd financial upgradations in the scale of pay attached to the
post
of Assistant Superintendents/Assistants under the then ACP scheme as their
promotional hierarchy. In that process the applicants 2 and 3 were granted
the benefit of scale of pay of Rs. 4,500-7,000/- attached to the post of
Assistant Superintendents on dates prior to 1.8.2008. On and with effect
from 1.8.2008 the scale of pay of Rs. 4,500-7,000/- attached to the post of
Assistant Superintendents which was re-designated to Assistants was
revised to Rs. 5,500-9,000/-.The recommendations of the VIth CPC,
accepted by the Government of India was adopted by the KVS also and was
brought into force with effect from 1.1.2006. The regular incumbents of the
post of Assistant Superintendents who were drawing a pre-revised pay scale
of Rs. 4,500-7,000/- were granted a revised Pay Band of Rs. 5200-20200
plus Rs. 2,800/- GP for a period from 1.1.2006 to 31.87.2008. On and with
effect from 1.8.2008 they were also granted the pay band of Rs. 930034800/- plus Rs. 4200/- Grade Pay (GP) applying FR 23. Applying the
same principle the scale of pay of the post of Assistant Superintendents (redesignated as Assistants) were also granted the scale of pay of Rs. 5500-

9000/- (revised pay band of Rs. 9,300-34,800/- plus Rs. 4,200/-) with effect
from 1.8.2008). Thus, the applicants were enjoying the benefits with effect
from 1.8.2008. But Annexure A7 letter was issued whereunder LDCs or
UDCs who were granted 2nd or 1st financial upgradation as the case may
be,
in the pay scale of Rs. 4500-7000/- attached to the post of Assistant
Superintendent/Assistant is entitled to be granted the pay scale of Rs. 930034800/- plus Rs. 4200 as Grade Pay. Annexure A7 is arbitrary,
discriminatory and unconstitutional. The very object of the financial
upgradation would be defeated if Annexure A7 is acted upon. Annexure
A11 order was issued by the 2nd respondent which was followed by
Annexures A12 and A13. It was stated that the Grade Pay of Rs. 4200/- is
not admissible to UD Clerks and LD Clerks who have completed 12 years
and 24 years before 1.8.2008 and thus directed the KVS to take rectification
measures and accordingly the Grade Pay of Rs. 4200/- granted in such cases
was directed to be withdrawn and the excess amount was directed to be
recovered in installments. The matter was taken up before this Tribunal. As
per Annexure A15 order this Tribunal set aside the orders impugned therein
and directed the respondents to issue a speaking order in the matter of
denial of GP of Rs. 4200/- to the applicant, particularly with reference to
Annexure A16 letter. Annexure A17 order has been now issued by the
respondents relying upon the earlier letter dated 24.6.2011.

3. The merger of certain common categories of staff would be carried out

by the concerned Ministries/Department only with the approval of the
Ministry of Finance. As per Annexure A19 it can be seen that serial No. 3

therein Smt. Chanda Rathore a UDC was granted the 2 nd financial

upgradation under the ACP scheme in the then scale of pay of Rs. 55009000/- with effect from 24.8.2008. One Shri. Aniruddha Deka was also
granted the 2nd financial upgradation in the scale of Rs. 5500-175-9000/(PB-2 plus Grade Pay of Rs. 4200) with effect from 30.8.2008. Therefore,
it is pertinent that while cancelling PB-2 plus GP of Rs. 4200/- granted with
effect from 1.8.2008 to all those who were granted ACP prior to that date,
the respondents had not cancelled the benefit of 2nd financial upgradation
granted in the scale of Rs. 5550-9000 between 1.8.2008 to 31.8.2008. Thus,
the applicant, in the alternative prays that there may be an order of stepping
up since the juniors were granted the benefit of

the 2nd financial

upgradation during the period from 1.8.2008 to 31.8.2008.

4. The respondents resisted the petition contending as follows:4.1. The internal audit team of KVS Hyderabad Region raised an objection
in the placement of UDCs/LDCs in the revised pay scale of Rs. 930034800/- plus GP 4200/- who were granted 1st or 2nd upgradation prior to
1.8.2008. The objection raised by the internal audit team was examined at
length based on Government of India ACP scheme instructions and with the
approval of the competent authority and it was decided that the pay scale of
Rs. 9300-34800/- granted as 1st or 2nd financial upgradation under ACP
scheme to UD Clerks/LD Clerks be withdrawn forthwith by restoration of
pay band-I i.e. Rs. 5200-20200/- with Grade Pay of Rs. 2800/-. As per the
direction issued by this Tribunal in OA No. 432/2009 [Annexure R3(c)] the
respondents were granted six months time to take a final decision in the

mater and to communicate the same to the applicants with reference to

their
representation dated 29.5.2009. The final decision was conveyed clarifying
the position that Grade Pay of Rs. 4200/- is not admissible to UDC and
LDC who completed 12 years and 24 years of regular service before
1.8.2008. Thus according to the respondents the applicants are not entitled
to the reliefs claimed by them.

5. We have heard the learned counsel appearing for both sides.

6. At the time of arguments the learned counsel for the applicants

submitted that if this Tribunal is of the view that the relief can be moulded
in such a way as to allow stepping up of pay of the applicants at par with
their juniors who were granted the financial upgradation during the period
from 1.8.2008 to 31.8.2008 that would be sufficient. It is not disputed that
some of the juniors whose names were mentioned in the application were
granted financial upgradation during 1.8.2008 to 31.8.2008. The
upgradations given to those persons were not taken away. That means the
juniors were given financial upgradation whereas the applicants and other
persons who were seniors to them were denied the financial upgradation.

7. It is stated by the applicants that a number of juniors who were

working in the scale of Rs. 4000-6000/-/PB-1 plus GP 4200/- were granted
the benefit of 1st or 2nd financial upgradation under the then ACP scheme
by
various orders issued by the 1st respondent. It is pointed out that the UD
Clerks were granted only one upgradation whereas the LD Clerks who

continued to be in that post were granted 2nd financial upgradation. Certain

instances were pointed out by the applicants at paragraphs a(e) and a(f) of
the OA. Annexure A19 is the order dated 20.7.2007 issued by the Assistant
Commission of KVS, Jaipur. This has been produced by the applicants to
fortify their contentions that number of juniors to the applicants who were
working in the scale 4000-6000/PB-1 plus GP 4200/- were granted the
benefit of the 1st or the 2nd financial upgradation under the then ACP
scheme. In Annexure A19 serial No. 3 Smt. Chanda Rathore a UDC was
granted the 2nd financial upgradation under the ACP in the then scale of Rs.
5500-9000/- with effect from 24.8.2008. Annexure A20 is a copy of another
order dated 13/15.01.2009 issued from the office of the Assistant
Commissioner, KVS, Guwahati. There five UD Clerks were granted
upgradation of which the 3rd applicant Shri Aniruddha Deka was granted the
upgradation from 30.8.2008. After the 2 nd ACP was granted her pay scale
was shown as Rs. 5500-175-9000/- of which the equivalent is PB-2 plus GP
of Rs. 4200/-. Though the order was passed on 15.1.2009 the date of
upgradation is shown as 30.8.2008. Thus according to the applicants the
Grade Pay granted to the applicant in PB-2 with GP of Rs. 4200/- with
effect from 1.8.2008 was cancelled. Others, who were granted ACP prior to
that date were not touched. In other words, the benefit of 2nd financial
upgradation granted in scale Rs. 5500-9000/- between 1.8.2008 and
31.8.2008 remained untouched.

8. It is pointed out that those who were granted such 2nd financial
upgradation were juniors to the applicants and therefore, in the light of the

Government of India, Ministry of Personnel, Public Grievances and

Pension, Department of Personnel and Training OM No. 35034/1/97/-Estt.
(D), dated 4.10.2012, in cases of the nature mentioned above the
respondents are bound to step up the pay of the seniors on par with their
juniors. Annexure A21 is that Government order referred to above.
Therefore, on the strength of Annexures A19, A20 and A21 it is submitted
on behalf of the applicants that Annexure A17 order cancelling the
upgradation given to the applicants is liable to be set aside. Therefore, we
are inclined to hold that as long as the pay of the officers junior to the
applicants stood upgraded to PB-2 plus GP of Rs. 4200/- as evidenced by
Annexures A19 and A20 the respondents are bound to step up the pay of
the seniors on par with the juniors and accordingly Annexure A17 order is
set aside as a consequence of which it is declared that the applicants are
entitled to the revised Pay Band of Rs. 9300-34800/- plus GP of Rs. 4200/with effect from 1.8.2008.

9. The Original Application is disposed of accordingly. No order as to

costs.

(P. GOPINATH)
ADMINISTRATIVE MEMBER

SA

(N.K. BALAKRISHNAN)
JUDICIAL MEMBER