CAT provides relief to over 30 senior NSSO employees

Ramkrishan Upadhyay

Chandigarh , March 2

Giving relief to more than 30 employees of National Sample Survey Organisation (NSSO), the Chandigarh Bench of Central Administrative Tribunal (CAT) has directed the Secretary, Ministry of Statistics and Programme Implementation (SSS Division), New Delhi, to grant benefit of assured career progression (ACP) to them from the same date on which the benefit was given to the employees junior to them.

Dinesh Kumar, along with several other retired superintending officers of the NSSO (Field Operation Division) challenged the decision of the organisation for giving the benefit of ACP with effect from January 1, 2006.

In the applications filed through advocate Manohar Lal, the applicants stated that they were granted the benefit of ACP with effect from January 1, 2006, whereas the same benefit was extended to their junior employees from February 12, 2002, or when they completed 24 years of service, which was discriminatory.

The applicants stated that this was against the policy of the respondents-department as contained in their office memorandum dated January 30, 2014. They said they became entitled to the grant of the second ACP with effect from February 12, 2002, itself as by that date, they had already completed 24 years of regular service. They added that despite the fact that they were senior, they were granted the second ACP with effect from January 1, 2006, without specifying the reasons as to why they were discriminated vis-à-vis their juniors.

On the other hand, the respondents-department denied the allegations and justified the decision.

After hearing the arguments, the Bench comprising Suresh Kumar Batra, Member (J), and Rashmi Saxena Sahni, Member (A), stated that the case of applicants would be regulated by provisions of para 3 of the office memorandum dated January 30, 2014 . In the light of the above discussion, the applicants were eligible for the grant of ACP from February 12, 2002. The Bench stated that the respondents were directed to take necessary consequential actions within three months from the issuance of this order.