Wednesday, November 7, 2012

TA No.169/2011 on ???? 2012


CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE

TRANSFERRED  APPLICATION No.169/2011

DATED THIS THE                 DAY OF .............. ,  2012

HON'BLE SMT LEENA MEHENDALE        ...      MEMBER(A)

HON'BLE SHRI V. AJAY KUMAR             ..          MEMBER (J)

1.  Sri A. Susaimani,
    S/o Arokiam,
    Aged about 43 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra,
    Bangalore, Dist. Bangalore.

2.  Sri Ramarao A. Biradar,
    S/o Annarao Biradar,
    Aged about 43 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Bijapur,
    Dist. Bijapur,

3.  Ms. B.A. Doddamani,
    D/o Annusab Doddamani,
    Aged about 43 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Belgaum,
    Dist. Belgaum.

4.  Sri Sidramappa  Mala,
    S/o Shanthappa mala,
    Aged about 43 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Bijapur,
    Dist. Bidar..

5.  Sri M.N. Manjunatha Rao,
    S/o M.S. Nagesha Rao,
    Aged about 50 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Chikmagalur,
    Dist. Chikmagalur.


6.  Sri G.S. Hiremath,
    S/o Veeralingaiyya Swamy,
    Aged about 46 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Hassan,
    Dit. Hassan.

7.  Sri Chindagiri Gowda,
    S/o Mayi Gowda,
    Aged about 44 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Hassan,
    Dist. Hassan.

8.  Sri S. Deva Sahayam,
    S/o K.V. Shantharaju,
    Aged about 54 years,
    Youth Co-ordinator (I/c),
    Nehru Yuva Kendra, Kolar,
    Dist. Kolar.

9.  Ms. A. Narasamma,
    W/o M. Srinivasa Rao,
    Aged about 43 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Kolar,
    Dist. Kolar.

10.Sri Shanta Kumara,
    S/o Chennappa Setty,
    Aged about 59 years,
    Youth Co-ordinator (I/c),
    Nehru Yuva Kendra, Mangalore,
    D.K. District.

11.Sri Vishnu Moorthy,
    S/o B. Ramakrishna Rao,
    Aged about 45 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Mangalore,
    D.K. District.

12.Sri H.N. Basavaraju,
    S/o Madaiah,
    Aged about 46 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Mandya,
    Dist. Mandya.
13.Sri Chikkalinge Gowda,
    S/o B. Bettiah,
    Aged about 48 years,
    Youth Co-ordinator (I/c),
    Nehru Yuva Kendra, Mysore,
    Dist. Mysore,

14.Sri D. Prakash,
    S/o D. Venkatachala,
    Aged about 46 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Raichur,
    Dist. Raichur.

15.Sri R.R. Mutalik Desai,
    S/o Ramachandra,
    Aged about 47 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Dharwad,
    Dist. Dharwad.

16.Sri A.G. Puranik,
    S/o Gopal Rao Puranik,
    Aged about 47 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Dharwad,
    Dist. Dharwad.

17.Ms. Shantoshini Wilson,
    W/o A. Wilson,
    Aged about 48 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Bangalore Rural District,
    Bangalore.

18.Ms. M.N. Sundaramma,
    W/o Narayana Swamy,
    Aged about 42 years,
    Accounts Clerk-cum-Typist,
    Nehru Yuva Kendra, Bangalore Urban District,
    Bangalore.                                    ...                                         Applicants

(By Advocate Shri K. Govindaraj)

Vs.




1.  Union of India,
    Rep. by its Under Secretary
    to Government of India,
    Ministry of Youth Affairs & Sports,
    C-wing, Shastri Bhavan,
    New Delhi – 110 001.

2.  Nehru Yuva Kendra Sangathan,
    Core-4, 2nd Floor, Scope Minar Complex,
    Laxminagar District Centre,
    Vikas Marg, Delhi – 110 092.
    Rep. by its Director General.

3.  The Director,
    Finance, Budget & Accounts,
     Nehru Yuva Kendra Sangathan,
    Core-4, 2nd Floor, Scope Minar Complex,
    Laxminagar District Centre,
    Vikas Marg, Delhi – 110 092.

4.  The Zonal Director,
    Nehru Yuva Kendra Sangathan
    No.854/15, 17th 'G' Main, 5th Block,
    Rajajinagar, Bangalore-560 010.                      ...                     Respondents

(By Advocate Shri N. Amaresh,
Addl. Central Govt. Standing Counsel)

O R D E R

Hon'ble Smt. Leena Mehendale, Member (A)  :


            The 18 applicants had earlier filed Writ Petition No.8950/2008, before the Hon'ble High Court of Karnataka against the respondents namely, NYKS (Nehru Yuva Kendra Sangathan).  Under the notification dated 31.10.2008 of DoPT, the said NYKS is brought under the purview of AT Act, 1985, and hence, the Writ Petition filed in the High Court of Karnataka was transferred to this Bench by order dated 2.11.2010 and numbered as TA 169/2011.  It seeks the remedy of first and second ACP.

2.         All the applicants are employees of NYKS working either as  Accounts Clerk-cum-Typist (ACT) or as Youth Coordinators.  The NYKS, Respondent No.2, is a Society registered under the Societies' Registration Act, and is fully owned and controlled by the Govt. of India, Ministry of Youth Affairs and Sports.  NYKS has its own Memorandum of Association.  All the applicants who were initially appointed as Accounts Clerk-Cum-Typists and those who are now working as Youth Coordinators (I/c) also have their lien in the post of Accounts Clerk-cum-Typist.  They have completed either 12 years  or 24 years of regular service and therefore, claim to be eligible for Assured Career Progression (ACP) Scheme either for 1st or for both 1st and 2nd ACP.

3.         Under the NYKS Recruitment Rules, 1998,  which are in effect from 5.3.1998, two channels are available for promotion.  In the first channel, they can be promoted as Junior Accountant after 3 years and as JAO (junior Accounts Officer) 8 years thereafter.  Subsequently, they would be promoted as AAO (Assistant Accounts Officer) and AO (Accounts Officer).  Under the second channel, they are eligible after 12 years to be promoted as Administrative Officer and  5 years thereafter,  they can be promoted as Youth Coordinator (in-charge).  However, under the circumstances stated at para 4 of the OA, it was decided to consider the services of all Accounts-Clerk-cum-Typists under the 2nd channel as a priority.

4.         The Annexure series 'J' would show that since they have not received actual promotions by order dated 03.01.2003, the benefit of first ACP was extended to several others who had rendered more than 12 years of regular service, thus, taking the pay scale from Rs.4000-6000/- to Rs.5500-9000/-.  The benefit was with retrospective effect and arrears were also paid.
5.            However, the impugned order (Annexure-'K') was issued to state that:
"......in compliance of the letter dated 19.05.2008 F.No.1-5/08-YS.I dated 19th May, 2008  and further telegraphic instructions from the Ministry of the Youth Affairs & Sports, Govt. of India, all concerned orders issued by NYKS, conveying the grant of scales of Rs.5000-9000 and Rs.6500-10500 as first & second financial up-gradation respectively under Assured Career Progression Scheme (ACP) to Accounts Clerk Cum Typists (ACTs) of Nehry Yuva Kendra Sangathan have been cancelled with retrospective effect.

2.            As per the direction of the Ministry of Youth Affairs & Sports, the first financial up-gradation (after 12 years of service) will be in the scale of Rs.4500-7000 and the second financial up-gradation (after 24 years of service) will be in the scale of Rs.5500-9000.

4.            Individual pay fixation orders are separately being issued.  The recovery @ Rs.500/- per month will be started in each case from the salary w.e.f. June, 2008."


6.            A representation was submitted which did not receive any reply and hence, the petition praying for quashing the impugned order.  An interim order of staying the operation of the impugned order dated 4th June, 2008 (Annexure-'K') is stayed vide order of the Hon'ble High Court of Karnataka dated 28.06.2008 and the same is continued.

7.            When the case came up for hearing, both the counsels fairly submitted that the issue is covered by the judgment of Cuttak Bench of this Tribunal in OA No.83/2009, Chandigarh Bench in OA No.250/2009 and confirmed by High Court, Ahmedabad Bench in OA No.148/2009 and Jaipur Bench in TA No.32/2009, and the same ratio may be applied to the present case also.

8.            The coordinate Bench of this Tribunal at Cuttach, which had examined the same issue and the same impugned order dated 4th june, 2008, in OA No.83/2009, has by its order dated 22nd April, 2010, quashed the impugned order.  It has directed the NYKS to restore the pay of the applicants in the scale of Rs.5500-9000/- or Rs.6500-10500/- as the case may be (for those who had also become entitled for the second ACP in the meantime). Similarly, in OA No.250/2009, decided on 15.07.2010, the Chandigarh Bench, relying on the order passed by the Cuttack Bench has issued the same directions. The applicants would say that this has also been upheld by the High Court of Punjab and Haryana.  Further, the Bench at Ahmedabad, in OA No.148/2009, has issued order dated 8.3.2011 with the same direction, i.e., to follow the order of Cuttach Bench.  It is also graciously agreed by both the counsels that the same ruling may be applied to the present applications as well.

9.            Accordingly, the impugned order at Annexure-'K' dated 4th June, 2008, is quashed.  The OA is allowed with all consequential benefits.  No order as to costs.


                (V. AJAY KUMAR)                                    (LEENA MEHENDALE)           
                    MEMBER (J)                                                 MEMBER (A)


psp.

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