ups_00739 — Promotion on ad hoc basis — Fixation of pay is not permissible for a period less than 30 days. Pension is to be determined on emoluments drawn for the full month

Promotion on ad hoc basis — Fixation of pay is not permissible for a period less than 30 days. Pension is to be determined on emoluments drawn for the full month — [Part 2/2] Summary The provided chunk discusses an employee's promotion, pay scale details, retirement pension, and subsequent reduction in pension, followed by the issuance of revised pay entitlemen... — Facts:The Applicant was initially appointed as a Postal Assistant on 10-4-1974 and later he joined Army on deputation on 6-3-1975. He rejoined his parent department on 31-7-2003. The Applicant was promoted to PSS Group ‘B' cadre on 18-11-2012 after passing the departmental examination and served as Senior Postmaster, Navrangpura Post Office, Ahmedabad, in the pay scale of ₹ 9,300-34,800 with Grade Pay (GP) of ₹ 4,800. Thereafter on completion of four years of service in PB-2, the Applicant was granted GP of ₹ 5,400 from 18-11-2006. Later, he was promoted on ad hoc basis to Junior Time Scale (JTS) Group ‘A‘ cadre in PB-3 in the pay scale of ₹ 15,600-39,100 + GP ₹ 5,400 with effect from 25-11-2008 till the date of his retirement i.e. on 30-11-2010 with artificial breaks on 25-11-2009 and 25-11-2010. Upon retirement, his pension was initially fixed at ₹ 12,750 but later it was reduced to ₹ 12,555 without assigning any reason. Thereafter, the Respondent No. 3 issued revised pay entitlements of the Applicant vide impugned Memo. No. GE/PF-304/ATP/GPS/504-506, dated 8-2-2011 wherein the pay of the Applicant for the period from 25-11-2010 to 30-11-2010 was reduced to PB-2 (₹ 19,350+5,400) i.e. ₹ 24,750. Aggrieved by the arbitrary reduction in pension, the Applicant submitted repeated representations between 2010 and 2015, including appeals to the Chief Postmaster-General and Director General. But, his claim for pay fixation and pension based on the JTS (Group ‘A') post held by him at the time of retirement was rejected, citing that his tenure in that post was less than 30 days. Aggrieved, the Applicant filed the present O.A. The Learned Counsel for the Applicant submitted that the Applicant was promoted on an ad hoc basis from Group ‘B' (PB-2) to Junior Time Scale (JTS), Group ‘A' (PB-3) (₹ 15,600-39,100 + GP ₹ 5,400) with effect from 25-11-2008 and continued till 30-11-2010, except for artificial breaks in service. He contended that this promotion involved higher duties and responsibilities and was made against a regular vacancy, for which he was the seniormost eligible officer. However, just before retirement, the Respondents reduced his pay from ₹ 20,100+₹ 5,400 (PB-3) to ₹ 19,350+₹ 5,400 (PB-2) for the period 25-11-2010 to 30-11-2010, which he termed as illegal and arbitrary. The Learned Counsel for the Applicant further argued that under FR 22 (I)

(a)

(i) and its proviso, his pay should not have been fixed below the last pay drawn when he previously officiated in the higher post. He also claimed violation of Articles 14, 16, and 39

(d) of the Constitution, the Equal Remuneration Act, 1976, and principles of natural justice. Citing the case of UoI v. K. Arunachalam (Madras HC, 23-10-2008), he asserted that pension cannot be less than 50% of the pay last drawn, even for ad hoc service, and sought quashing of the pay-reduction order. The Respondents submitted that the Applicant served in the JTS Group ‘A' cadre on an ad hoc basis from 25-11-2008 to 30-11-2010, with two short breaks when he was reverted to PS Group ‘B' on 25-11-2009 and 25-11-2010. His ad hoc promotions were made through memos, dated 18-11-2008, 12-5-2009 and 25-11-2009, while the reversions were effected on 23-11-2009 and 24-11-2010 respectively. Each ad hoc promotion lasted for one year in compliance with Directorate Letter No. 137-99/2009-SPB-II, dated 23-12-2009, which limited such promotions to one year or until a regular incumbent became available, whichever was earlier. The Respondents contended that since the Applicant served in JTS Group ‘A' only from 26-11-2010 to 30-11-2010 i.e. less than 30 days before retirement on 30-11-2010, he was not entitled to pay fixation in that grade. They further stated that the Applicant's service book and pay records were duly updated, and a revised pay slip was issued on 8-2-2011. Respondents also clarified that his representation, dated 25-9-2015 was replied to on 24-2-2016. Hence, the Respondents contended that the OA was devoid of merit and liable to be dismissed.