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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