M ANGAMUTHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is aggrieved that the respondents are not granting four additional incentive increments to him on passing the ICWAI final examination and not stepping up of his pay on par with similarly situated Shri K. Jawahar, his junior. He is thus challenging the order of the respondents dated 27.11.2000 whereby his representation was rejected.

(2.) The applicant joined the erstwhile Posts and Telegraph Department as postal clerk in 1968 and after various promotions, he came as Senior Accounts Officer in 1997 to MTNL, Mumbai and is working since 13.8.1997 as such. In between the applicant had also been promoted on temporary and ad hoc basis for 180 days in June, 1995 as Assistant Chief Accounts Officer and Chief Accounts Officer intermittently on various spells.

(3.) A new incentive scheme was introduced vide DOP&T O.M. dated 28.6.1993 giving incentives in the form of one time lump-sum incentive in place of increment based incentives to those who acquired higher qualification useful in the discharge of higher official work. In this O.M. certain guidelines were laid down regarding the higher qualification to be acquired. The incentives were not to be considered for qualifications like M.B.A. or Degree in Humanities while they can be given for Engineering Degree, Accountancy, Computer Science and Post Graduate Degree in Medicine and likewise. The incentive was to be given only for acquiring the higher qualification after induction in to service and was not to apply for incentives that were being given in the existing scheme. Similarly, if an appointment was made in relaxation of educational qualification, the incentive would not be admissible. No stepping up of pay was also allowed in case of junior was drawing more pay by virtue of incentive increments under the scheme of advance increments. In this aforesaid O.M., a further direction was given for formation of centralised committee comprising of JSE, DoT, TS (P), Ministry of Personnel and representatives of Railways. Defence, Education and Telecommunication for drawing up the list of lump-sum incentive. Thereafter, according to the applicant, the department of Telecom issued an order on 9.5.1995 circulating DOP&T O.M. dated 31.1.1995. According to the new incentive scheme a one time lump-sum incentive in place of the existing increment incentive was provided starting with a minimum of Rs. 2000/- to maximum of Rs. 10,000/-. The same was circulated vide order dated 9.5.1995 and endorsed on 20.2.1996. The applicant, however did not get the benefit of the earlier incentive scheme and his lump-sum incentive got restricted to Rs. 6000/- as per the new scheme.