Hon'ble Irshad Ali,J.
Heard Sri S. B. Pandey, learned Senior Advocate assisted with Sri Ajay Kumar Singh, learned Counsel for the petitioners and Sri S. A. Khan, learned Counsel for respondent No.1.
By this petition under Article 226 of the Constitution of India, the petitioners are challenging the impugned order dated 8.3.2019 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow, whereby the Tribunal has quashed the pay re-fixation order dated 28.5.2018 and directed that the respondent No.1 is entitled to get the pay protection as last pay drawn in NSO in the year 2007. Further, the Tribunal directed the Authority concerned to allow respondent No.1 to draw the pay scale as last pay drawn in erstwhile parent department.
Brief facts of the case are that respondent No.1 was initially appointed on the post of Driver (Staff Car Driver) in the pay scale of Rs.3050-4590 w.e.f. 21.02.1994 under National Savings Organization in the Office of Regional Director UP East, Allahabad. While serving in the said department, he has been granted 1st Financial Upgradation under Assured Career Progression Scheme after completion of 12 years of regular services on the post of Staff Car Driver in the next higher pay scale of Rs.4000-6000 GP 2400 vide order dated 13.3.2006 and accordingly, his pay was fixed at Rs.4,100/- (Basic Pay) as on 21.02.2006 vide order dated 22.03.2006.
Thereafter, on 24.4.2007, a letter has been issued by the Department of Personnel & Training, nominating respondent No.1 for re-deployment to the post of Staff Car Driver in the pay scale of Rs.3050-4590 in the Office of Community of Food & Nutrition vide order dated 1.11.2007. Vide order dated 13.11.2007 he was relieved from the said post on 16.11.2007 and was directed to join duties at his new place of posting at Lucknow on re-deployment. After joining new department, he was paid salary to the last pay drawn i.e., Rs.4,100/- (Basic Pay + GP) in the erstwhile department, i.e., National Savings Organization. After nine years from the date of promotions of respondent No.1 on the post of Staff Car Driver Grade - I, petitioner No.2 held a review DPC for review of the earlier DPCs held on 23.7.2007 and 4.4.2011. The review DPC recommended the case of the respondent No.1 which was accepted by the competent authority. Thereafter, petitioner No.2 vide order dated 20.4.2018 read with corrigendum order dated 24.5.2018 reverted respondent No.1 to the post of Driver Ordinary Grade w.e.f. 19.11.2007. It is this action which was impugned by respondent No.1 by filing Original Application before the Central Administrative Tribunal on the ground that for re-deployment in the department, he cannot get less pay than he was actually drawn before or till the period he was declared surplus.
Learned Tribunal, relying on the provisions of Rule 5 of the Central Civil Services (re-deployment of surplus staff) Rules, 1990, came to the conclusion that respondent No.1 cannot get less pay, than he was actually drawn before or till the period he was declared surplus. Paras 34 to 38 of the impugned order dated 8.3.2019 are relevant, which read as under:-
34. In this connection, we refer the Central Civil Services (redeployment of surplus staff) rules 1990 notified on 28.02.1990 by the Ministry of Personnel Public Grievances and Pension (Department of Personnel & Training). Rule 5 which is relevant for this purpose reads as hereunder:-
"Determination of Placement (1) (i) As far as possible a surplus employee shall, subject to his suitability, be redeployed in a past carrying a pay scale matching his current pay scale.
Further provided in clause (ii) : When redeployed in a past carrying a lower scale of pay the surplus employee shall be permitted to carry his current pay-scale along with him to the next post where, despite availability of a post in a matching or a higher pay-scale, a person is redeployed in a post carrying a lower pay-scale at his own request."
35. In the instant case we noted that after being declared surplus, the applicant was nominated by the DOP&T for redeployment vide order dated 24.10.2007 and in pursuance of the said nomination, the applicant was appointed in the present organisation, i.e., Community Food and Nutrition Board vide order dated 01.11.2007.
36. Noticeably the applicant initially was allowed to draw the pay scale in the present organisation as last pay drawn in the NSO i.e., erstwhile parent department.
37. After taking into consideration in the entire conspectus of the case as discussed in foregoing paragraphs, we are of the considered view that the applicant is entitled to get the pay protection as last pay drawn in NSO in the year 2007. Accordingly, impugned pay refixation order dated 28.05.2018 is set aside and quashed. For the reasons narrated in para 19 above, no order is passed apropos relief at 8 (i). We direct the respondent authority to allow the applicant to draw the pay scale as last pay drawn in erstwhile department.
38. With the above observations and direction O.A. stands disposed of. No order as to costs."
On due consideration of the aforesaid so also Rule 5 of the 1990 Rules which has been reproduced above, we are of the view that the Tribunal has not committed any legal error in directing respondent No.1 in holding that he is entitled to get pay protection as last pay drawn in NSO in the year 2007.
Considering the aforesaid, no case is made out to interfere with the impugned order in a proceeding under Article 226 of the Constitution of India.
With the aforesaid, the writ petition is dismissed.
At this stage, Sri S. B. Pandey, learned Senior Advocate submits that since the impugned order dated 8.3.2019 has not been complied with, respondent No.1 has initiated contempt proceedings by filing a contempt petition and the next date fixed in the said petition is for 30.9.2019. Therefore, he prays for and is granted a month's time to comply with the order dated 8.3.2019.
In view of above, contempt proceedings are deferred for a month, failing which respondent No.1 is at liberty to pursue the contempt case.
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[Irshad Ali, J] [Pankaj Kumar Jaiswal, J.] Order Date :- 27.9.2019 lakshman