KRUPASINDHU PATRA vs SURVEY OF INDIA on 4 November 2026

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

We find that both the applicants earlier approached this Bench in OA Nos. 971/2015 [Krupasindhu Patra VS UOI & Ors] and 1004/2016 [Bholanath Rout VS UOI & Ors] praying therein RAVI KUMAR

3 OA No. 555/2022 OA No. 481/2023

for direction to grant and pay them second and third financial upgradations under ACP to Rs. 6,500-10,500/- and to Rs. 9300- 34,800/- GPO Rs., 5400/-, w.e.f. 09.08.1999 and 01.09.2008 respectively with all arrears by quashing the orders impugned therein. This Bench vide common order dated 03.12.2021 quashed the impugned orders for the same were being passed without reason and remitted the matter to Resp. No.2 to examine the matter afresh and issue speaking order to them. Accordingly, respondents considered/reconsidered the grievance of the applicants afresh and intimated the outcome of such consideration vide order dated 14.06.2022, relevant portion of which is quoted below: “(i) As per the provision contained under Para 7 of Annexure of DoP&T's OM No. 35034/1/97- Estt(D) dated 09-08-1999, ACP is granted in the next higher pay scale of the hierarchy. The promotional post of Stenographer Grade II is Stenographer Grade 1. The pre-revised pay scale of Stenographer Grade I is Rs.5500-9000 which has not been upgraded. Thus, the pay scale of Rs.5500-9000 granted to the applicants under 2nd ACP is correct and as per the rules. The claim of the applicants that they may be granted Pay Scale of Rs.6500-10300 under 2nd ACP is not as per rules. RAVI KUMAR

4 OA No. 555/2022 OA No. 481/2023

As per provisions contained under Para 1 & 2 of Annexure of DoP&T's OM No.35034/3/2008- Estt.(D) dated 19-05-2009 of MACP Scheme, three financial upgradations are to be given in the next Grade Pay on completion of 10, 20 & 30 years of regular service. Accordingly, the MACP benefits to the Stenographer cadre are admissible in Survey of India as under:- (a) First financial up gradation under MACP Scheme from PB-1of Rs.5200- 20200 with Grade Pay Rs.2400 to PB-1 Rs.5200-20200 with Grade Pay Rs.2800. At the time of regular promotion as Stenographer Grade-II the officers are being granted Grade Pay of Rs.4200 in PB-2 Rs.9300-34800.

(b) The officers who have been promoted as Stenographer Grade-II in Grade Pay of Rs.4200 in PD-2 Rs.9300- 34800 are being granted Second financial up gradation under MACP Scheme in Grade Pay of Rs.4600 in PB-2 of Rs.9300-34800 after completion of 10 years in Grade Pay Rs.4200 or completion of twenty years of regular service whichever is earlier. Whereas the officers who could not get promotion as Stenographer Grade-II are being granted Second financial up gradation under MACP Scheme in Grade Pay Rs. 4200 in PB-2 of Rs.9300-34800.

(c) The officers who have been promoted as Stenographer Grade-II in Grade Pay of Rs.4200 in PB-2 Rs.9300-34800 and already granted Second financial up gradation under MACP Scheme in Grade Pay of Rs.4600 in PB-2 of Rs.9300-34800, RAVI KUMAR

5 OA No. 555/2022 OA No. 481/2023

they are being granted Third financial up gradation under MACP Scheme in Grade Pay Rs. 4800 in PB-2 of Rs.9300-34800 after completion of 10 years in Grade Pay Rs.4600 or completion of thirty years of regular service whichever is earlier.

Since the applicants joined Survey of India as Stenographer Grade-III on 21-10-1974 and 24-12- 1974 respectively. They were promoted as Stenographer Grade-II w.e.f. 09-09-1991 in the pay scale of Rs.1400-2600 which was revised to Rs.5000-8000 w.e.f. 01-01-1996. Both the applicants were granted second ACP w.e.f. 09- 08-1999 in the pre-revised pay scale of Rs.5500- 175-9000. The applicants have claimed to grant them 2nd ACP in the scale of 6500-10,500, which is not correct, because as per the ACP scheme the financial up-gradation is to be granted in the next promotional hirerachy and the promotional post of Stenographer Grade-II is Stenographer Grade-1, the pay scale of which is Rs.5500-9000. Since the pay scale of Stenographer Grade-I was not revised as such as per the ACP scheme the second financial up-gradation granted to the applicants in the pay scale of Rs.5500-9000 is correct and as per rules.

Further in accordance with the recommendations of VI CPC the ACP Scheme was replaced with MACP Scheme w.e.f. 01-09-2008 and as per the recommendations of the VI CPC the corresponding pay scale of Rs.5000-150-8000 and Rs.5500-175-9000 is Rs.9300-34800 with Grade Pay of Rs.4200. Accordingly the Stenographers are being granted 1", 2nd & 3rd up-gradation under MACP Scheme in the Grade Pay of Rs. 4200, 4600 and 4800 respectively. The applicants completed 30 years of regular service on 20-10- 2004 and 23-12-2004 respectively. According to RAVI KUMAR

6 OA No. 555/2022 OA No. 481/2023

the provisions of MACP Scheme they were granted third financial up-gradation w.e.f. 01-09- 2008 (i.e. the date of implementation of the MACP Scheme) in the Grade Pay of Rs.4800.

In view of above the third financial up-gradation granted to the applicants in the PB-2 Rs.9300- 34,800 with Grade Pay of Rs.4800 is correct and as per rules.

5. In view of the facts and Rule position cited above the request of the applicants cited in para 1 above cannot be acceded to.

6. With the issuance of these orders, the orders of the Hon'ble CAT cited in para 2 above have been complied with.”

2. Both the applicants, impugning/assailing/challenging the aforesaid order dated 14.06.2022, have filed the instant OA Nos. 555/2022 and 481/2023 praying therein to direct the respondents to grant the scale of Rs. 6,500-10,500/- w.e.f. 09.08.1999 by way of second financial upgradation under ACP and place them in the revised scale of Rs. 9300-34,800/- [GP Rs. 5400/-] w.e.f. 01.09.2008 under MACP Scheme and pay them all arrears mainly on the grounds that the applicants were working as Grade II Stenographer in the pay scale of Rs.1400- 2600 and had filed O.A. No. 475/1998 praying for the pay scale of RAVI KUMAR

7 OA No. 555/2022 OA No. 481/2023

Rs.1640-2900/- replacement scale of pay of which is Rs.5500- 9000/- at par with those working in the Central Secretariat and many other Central Govt. Departments. The respondents granted the said pay scale in compliance of the order of this Bench dated 19.11.2003 after the order was upheld by the Hon’ble Apex Court. The applicants were eligible for second financial up- gradation under ACP Scheme with effect from 09.08.1999. They were already in the scale of pay of Rs. 5500-9000/- before the commencement of the ACP Scheme. They were granted financial up-gradation in the same scale instead of higher scale of Rs.6500-10,500/- violating the provisions of ACP Scheme. In terms of the condition No. 4(i) of the ACP Scheme, an employee is to be placed to the next higher sale of pay available in promotional avenue. On implementation of the order of this Bench in OA No. 475/1998, the pay scales of Stenographers prevailing in the Survey of India are no longer applicable to the applicants as they were brought at par with those working in the Central Secretariat where the pay scale of Grade II Stenographer is Rs. 5500-9000/-, and that of Stenographer Grade-I is Rs.6500- RAVI KUMAR

8 OA No. 555/2022 OA No. 481/2023

10500/- but the Respondents have sincerely attempted to mislead this Bench by citing the pay structures prevailing in the Survey of India for Stenographers. The next promotional post of Stenographer Grade II [Rs. 5500-9000/-] is Stenographer Grade I [Rs. 6500-10500/-]. Therefore, the applicants were eligible for grant of higher scale of pay i.e. Rs.6500-10500/- w.e.f. 09.08.1999. Hence, denying the benefit to the applicants, on the pretext that the pre-revised pay scale of Stenographer Grade I is Rs.5500-9000, is highly arbitrary more so after granting them the pay scale of Rs. 5500-9000/- (corresponding pay scale of Rs.1640-2900/-) in the grade of Stenographer Grade II in compliance of the order of this Bench in OA No. 475/1998. Respondents failed to examine their representations in terms of the Recruitment Rules applicable to the Stenographers working in the Central Secretariat and other Central Govt. Departments as the applicants are no longer governed by the Recruitment Rules prevailing in the Survey of India in the wake of implementation of order of this Bench, taking the strength of the pay structures of Stenographers existing in Survey of India. Further, as per Para 5 RAVI KUMAR

9 OA No. 555/2022 OA No. 481/2023

of the MACP Scheme, the upgradation and promotions earned earlier are to be ignored but the respondents closed their eyes to the condition and granted them the second financial upgradation under MACP to the pay scale of Rs. 5500-9000/-, which was not correct. Once they were placed in the pay scale of Rs. 6500- 10500, they are entitled to the Grade Pay of Rs. 4600/- instead of Rs. 4200/-. The respondents rejected their claim vide impugned order dated 14.06.2022 without taking into consideration the discussions made in the order dated 03.12.2021. Hence, the action of the respondents being not bona fide, necessary judicial interference in the matter is called for.

3. On the other hand, Ld. Counsel for the respondents’ side, in both the OAs, strongly refuted the arguments advanced by the Ld. Counsel for the applicants and placing reliance on the stand taken in their pleadings have submitted that the applicants joined Survey of India as Stenographer Grade-III on 21-10-1974 and 24-12-1974 respectively. They were promoted as Stenographer Grade-II w.e.f. 09-09-1991 in the pay scale of Rs.1400-2600 which was revised to Rs.5000-8000 w.e.f. 01-01- RAVI KUMAR

10 OA No. 555/2022 OA No. 481/2023

1996. Both of them were granted second ACP w.e.f. 09-08-1999 in the pre-revised pay scale of Rs.5500-175-9000. They claimed grant of 2nd ACP in the scale of 6500-10,500, which is impermissible since as per the ACP scheme the financial up- gradation is to be granted in the next promotional hirerachy and the promotional post of Stenographer Grade-II is Stenographer Grade-I, the pay scale of which is Rs.5500-9000 as per RRs. Since the pay scale of Stenographer Grade-I was not revised as such as per the ACP scheme, they were rightly granted second financial up-gradation in the pay scale of Rs.5500-9000/-. Further, according to them, as per the recommendations of 6th CPC, the ACP Scheme was replaced with MACP Scheme w.e.f. 01-09-2008 and as per the recommendations of the 6th CPC the corresponding pay scale of Rs.5000-150-8000 and Rs.5500-175- 9000 is Rs.9300-34800 with Grade Pay of Rs.4200. Accordingly the Stenographers are being granted 1st, 2nd & 3rd up- gradations under MACP Scheme in the Grade Pay of Rs. 4200, 4600 and 4800 respectively. The applicants completed 30 years of regular service on 20-10-2004 and 23-12-2004 respectively. RAVI KUMAR

11 OA No. 555/2022 OA No. 481/2023

According to the provisions of MACP Scheme, they were granted 3rd financial up-gradation w.e.f. 01-09-2008 (i.e. the date of implementation of the MACP Scheme) in the Grade Pay of Rs.4800. Ld. Counsel for the respondents to bolster their submissions, have also submitted that the applicants cannot claim any benefits beyond the RRs. It is stated that in the matter of creation, upgradation, restructuring of cadre, grant of particular pay scale to particular post and prescription of scale of pay are matters of policy and, thus, exclusively, comes within the domain of Legislation/Pay Commission/authorities concerned as the case may be, and judicial interference in such matter is not called for. In the instant case, the applicants did not challenge the rules wherein the pay scales are prescribed to the post, in question. In view of the above, the third financial up-gradation granted to the applicants in PB-2 Rs.9300-34,800 with Grade Pay of Rs.4800 is absolutely in order being the same was granted to them as per rules. IN stating so, the respondents’ counsel prayed that the OAs being devoid of merit are liable to be dismissed. RAVI KUMAR

12 OA No. 555/2022 OA No. 481/2023

4. Heard. Considered the submissions of the respective parties, in both the OAs, and perused the pleadings and documents, accompanied thereof.

5. The financial upgradations under ACP and MACP to the pay scale with Grade Pay granted to both the applicants, as per the rules applicable to the Stenographer cadre in Survey of India are not in question or in dispute. However, according to the applicants, after granting them the pay scale of Rs. 1640-2900/-, corresponding pay Rs. 5500-9000/-, in the wake of implementation of order of this Bench, the applicants are no longer governed by the Recruitment Rules of the Survey of India rather their cases are to be considered in terms of the Recruitment Rules applicable to the Stenographers working in the Central Secretariat and other Central Govt. Departments and, therefore, the applicants are to be granted the scale of Rs. 6,500- 10,500/- w.e.f. 09.08.1999 by way of second financial upgradation under ACP and to be placed in the revised scale of Rs. 9300-34,800/- [GP Rs. 5400/-] w.e.f. 01.09.2008 under MACP Scheme with all arrears. This was strongly contested by the RAVI KUMAR

13 OA No. 555/2022 OA No. 481/2023

respondents on various grounds and, as rightly submitted by Ld. Counsel for the respondents, in course of hearing, for allowing the prayer of the applicants, there should be specific prayer in the OAs seeking declaration that the applicants’ services be covered and governed by the Recruitment Rules applicable to the Stenographers working in the Central Secretariat and other Central Govt. Departments and not as per the RRs of Survey of India, which has not been made in this OA. We also find that for making the applicants entitled to the benefits, which they have sought, it is necessary to declare that they should be covered and governed not by the RRs through which their service conditions governed throughout, which is beyond the scope and ambit of this Bench to do so in exercise of judicial review. The Hon’ble Supreme Court, in various decisions, in past, analyzed the principles of judicial review in pay matters, referencing precedents that emphasize restraint unless clear injustice is evident. The Hon’ble Court have held that evaluating post equivalence and pay scales is complex and best be left to expert bodies. The Courts and Tribunals cannot legislate/frame RRs or RAVI KUMAR

14 OA No. 555/2022 OA No. 481/2023

create or grant a new pay scale or force the government to accept a specific pay structure when the rules do not provide for it. The fixation of pay scales, creation of cadres, and structuring of service rules are strictly policy and administrative functions of the executive and expert bodies like Pay Commissions, not judicial or quasi-judicial tribunals. The Bench cannot sit as an appellate authority over government policy or Pay Commission recommendations. If service rules or recruitment rules do not prescribe a particular pay scale, the tribunal cannot rewrite the rules or invent a pay scale, as that breaches the separation of powers. Judicial intervention is restricted to rectifying clear constitutional violations under Articles 14 and 16 of the Constitution rather than crafting administrative policy. We find that the respondents rejected the claim of applicants with full justification that since RRs do not provide the pay scale the applicants have sought, we find no ground much less to any justified ground to interfere in the said decision especially in absence of any such rules being placed by the applicants establishing that the rules based on which the respondents have RAVI KUMAR

15 OA No. 555/2022 OA No. 481/2023

denied them the pay scales have meanwhile been amended/replaced by the Government.

6. In the result, both the OAs stand dismissed along with pending MA, if any. However, without making order as to costs.

7. Although, we have heard the matter separately, one after the other, but for the sake of convenience, this common order is passed, which would govern in both the cases.

(Pramod Kumar Das)

(Sudhi Ranjan Mishra) Member (Admn.)

Member (Judl.)

RK/PS

RAVI KUMAR