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Civil · Reportable judgment

Mishra and Navin Sinha, Jj.] vs Raj Kumar Anand

Court
Supreme Court of India
Date
14 March 2019
Case No.
Civil Appeal No. 3052 of 2019
Result
Dismissed
Bench
Arun Mishra, Navin Sinha
Citation
[2019] 2 S.C.R. 1076 : 2019 INSC 369
Supreme Court Reports [2019] 2 S.C.R. 1076 : 2019 INSC 369
Headnote

Service law:

Fixation of pay – Grant of Assured Career Progression-ACP to the respondent-trained graduate teacher under the ACP Scheme placing him in Trained Graduate Teacher pay scale vide order dated 25.4.2008 w.e.f. 10.8.2006 – Subsequently, on 29.8.2008, 6 th Central Pay Commission enforced and Central Civil Service (Revised Pay) Rules, 2008 framed and notified to revise the salary from 01.01.2006 – Revision of pay of respondent in accordance with the Rules of 2008, fixing pay u/r. 7 – Representation by respondent for fixation of pay u/r. 11, however, pay not fixed u/r. 11 – Application before the tribunal for correct fixation of pay u/r. 11 – Dismissal of application as also review – However, in writ petition, the High Court held that pay was wrongly fixed u/r. 7 and was required to be done u/r. 11 – On appeal, held: ACP was granted to the respondent between 01.01.2006 and 29.8.2008 i.e. the date of notification of 2008 Rules – It was granted w.e.f. 10.8.2006 vide order dated 25.4.2008 – Thus, the benefit of upgraded pay scale was given to the respondent in between the said dates– Once he has elected for revised pay scale w.e.f. 10.8.2006, the date on which he was placed in the upgraded pay scale, obviously, r. 7 cannot be said to be applicable – Rule 11 would be applicable which deals with fixation of the pay in the revised pay scale in case such an option is exercised under the 2008 Rules – Thus, the High Court correct in applying r.

11 as Note 2A of the r. 7 not applicable - Central Civil Service (Revised Pay) Rules, 2008: rr. 5, 7, and 11.

Union of India & Ors. v. K.V. Rama Raju & Ors.

2018 (2) SCALE 239 – distinguished.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed ORDER 1. Delay condoned. 2. Leave granted. 3. The facts lie in a narrow compass. The respondent was appointed as an Assistant Teacher (Primary School Teacher) in East Delhi Municipal Corporation now EDMC, Education department, Shahdara (North) on 10.08.1994. On 04.01.2007, he was promoted as Trained Graduate Teacher (TGT) (Social Science) in Government of NCT of Delhi, Directorate of Education and was posted as such on 17.3.2007. The respondent was granted ACP under the Assured Career Progression Scheme placing him in Trained Graduate Teacher pay
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