Sanjay Negi vs Union Of India And Others

L. Narasimha Reddy, J

The applicant was working as Assistant Accounts Officer (AAO) in the Electronics Application Lab, Raipur Road - 4th respondent herein under the Ministry of Defence. Through order dated 26.03.2009, he was promoted to the post of Accounts Officer (AO) in the Pay Band of Rs.9300-34800 with Grade Pay of Rs.4600/-. Till his pay is fixed, he was required to draw the existing rate of pay and Grade Pay. A few months later i.e. on 13.11.2009, the posts of AAO and AO were merged, to be in the Grade Pay of Rs.4600/-.

The applicant complains that, stating to be a result of merger, the respondents have not only reduced his pay structure, but also proposed recovery of difference. He contends that the merger has the effect of only upgrading the feeder category post of AAO and it did not impact the promotional post of AO in any manner whatever.

The respondents filed counter affidavit dealing with the various contentions raised by the applicant. They state that once the posts of AAO and AO were merged, the applicant was not entitled for increment and that the differential amount is liable to be recovered.

We heard Shri Lalta Prasad, for the applicant and Shri U. Srivastava, for the respondents.

The order of promotion issued to the applicant reads as under:

"On the basis of the recommendation of the DPC-I, duly approved by the Competent Authority, Shri Sanjay Negi, Assistant Accounts Officer is promoted to the post of Accounts Officer in the Pay Band of Rs.9300-34800/- with a Grade Pay of Rs.4600/- with effect from 26.03.2009. Certified that he has assumed the charge of the post of Accounts Officer with effect from 26.03.2009 (F/N) carrying duties and responsibilities of greater importance.

He will draw his existing rate of Pay and Grade Pay till his pay is fixed.

He has to exercise an option in terms of DP&T OM No.1/10/89-Estt (Pay-I) dated 30.8.99 for the purpose of fixation of the pay within one month of the date of his promotion."

In clear and categorical terms, it is mentioned that the promotion is on the basis of the recommendations of the DPC and it is in the Pay Band of Rs.9300-34800/- with Grade Pay of Rs.4600/-.

It is fairly well known that the 6th CPC recommended the merger of posts with the pre-revised pay scales of Rs.5000-8000, Rs.5500-9000/- and Rs.6500-10500/-. Even if this has resulted in the merger of posts of AAO and AO, it should not impact the promotion of the applicant in whatever manner. The pay scale attached to that should remain intact.

As regards recovery, no specific order was passed in this behalf but it appears that the pay of the applicant has been impacted. The respondents made an attempt to justify their action through the pleadings in their counter affidavit. However, we are not satisfied with that.

We, therefore, allow the OA and direct that the pay scale indicated in the order of promotion dated 6.04.2009 shall be extended to the applicant in all respects and it shall not be modified to his detriment. If any amount has been recovered from the applicant, the same shall be refunded to him within a period of three months from the date of receipt of a certified copy of this order. There shall be no order as to costs.