K.N. VIJAYA KUMAR Vs. COMMANDANT AND MANAGING DIRECTOR

JUDGEMENT

(1.) THE above application is filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

(2.) THE admitted facts from both sides are, that the applicant was initially appointed as Machinist (Skilled Tradesmen) with effect from 27th Aug., 1987 in the pay scale of Rs. 950 -1500. Having passed the prescribed trade test the applicant was promoted to Mach HS -II with effect from 14th June, 1997 (Highly Skilled Grade II) in the pay scale of Rs. 4000 -6000 which comes under Highly Skilled Grade II and would be treated as promotion as per SRO 1/88. On passing the prescribed Trade Test he was promoted to the post of Tool Maker with effect from 7.3.2002, no financial benefits granted to the individual since the individual was already drawing the pays scale of Rs. 4000 -6000. On recommendation of 5th CPC the HS -II and HS -I were merged based on Government of India Ministry of Defence letter No. 11(1) 2002/D(Civ. I) dated 20.5.2003 and based on ibid Government letter, the applicant has been promoted to Highly Skilled w.e.f. 1.1.1996 instead of 14.6.1997 in the pay scale of Rs. 4000 -6000. Subsequently all consequent financial benefit were also granted and availed by the applicant from 1.1.1996. In addition, additional benefit of Rs. 100/ - was also granted based on CGDA, New Delhi letter dated 30.8.2007 with effect from 7.3.2002., on promotion of Tool Maker. As per ACP Scheme two financial up -gradations to be granted on completion of 12/24 years of service if the applicant has not earned any promotion during his service. This ACP Scheme has been modified by Government of India with MACP scheme with minimum three financial up -gradations on completion of 10/20/30 years of service if an individual has not earned any promotion. On completion of 20 years of regular service granted 2nd financial up -gradation to applicant w.e.f. 1.9.2008 i.e., from the date of implementation of MACP in the grade pay of Rs. 2800/ - under MACP Scheme. Since applicant has already got one promotion on 1.1.1996, 2nd financial up -gradation under MACP granted w.e.f. 1.9.2008 and additional benefit of Rs. 100/ - was also granted on promotion to Tool Maker w.e.f. 7.3.2002. The applicants has no grievance of the restructuring of cadre of Artisan Staff in modification of recommendation of 5th CPC.

(3.) PER contra, the respondents have filed reply statement and deny the contention of the applicant. As per ACP Scheme two financial up -gradations to be granted on completion of 12/24 years of service if the applicant has not earned any promotion during his service. This ACP Scheme has been modified by Government of India with MACP scheme with minimum three financial up -gradations on completion of 10/20/30 years of service if an individual has not earned any promotion. On completion of 20 years of regular service granted 2nd financial up -gradation to applicant w.e.f. 1.9.2008 i.e., from the date of implementation of MACP in the grade pay of Rs. 2800/ - under MACP Scheme. Since applicant has already got one promotion on 1.1.1996, 2nd financial up -gradation under MACP granted w.e.f. 1.9.2008 and additional benefit of Rs. 100/ - was also granted on promotion to Tool Maker w.e.f. 7.3.2002. The Government has restructured the Cadre of Artisan Staff in Modification of 5th CPC recommendation during May 2003 with retrospective effect from 1st January 1996 vide Government of India Ministry of Defence letter No. 11(1) 2002 -D(Civ) dated 20.5.2003 with an improved integrated ratio i.e., Skilled 45% and Highly Skilled 55% and 25% of 55 Highly Skilled post will be Master Craftsman. The grade structure of the Industrial cadre with effect from 1.1.2006 is as under: