Upgradation of LDC to TA not a promotion – to be ignored for ACP – Kerala High Court

Dear Comrades,

The Kerala High Court in its order in WP[C] No. 9486 of 2009 [K. N. Purushothaman & Ors Vs. CCIT, Kochi & Ors] dated 19-03-2014 has held that if as a result of restructuring, feeder and promotional posts are merged to constitute one single level in hierarchy, then the next financial upgradation ought to be in the next financial grade above the merged levels. This in effect strikes down the Department claim that upgradation from LDC to TA is a promotion.

The case of one of the appellant is as under:

Date of joining as LDC                :                      7-1-1988

Original pay                                :                     3050-75-3950-80-4590

First ACP granted                      :                       on 7-1-2000 fixing the pay in the scale                                                                                                                            of 4000-100-6000 pertaining to UDC

Upgradation of post to TA         :                    30-03-2001

The appellant claimed his pay to be fixed in the scale 5000-150-8000[pay relevant to STA] as the LDC post was merged with UDC to create TA post. The Department refused this claim stating that upgradation was a promotion as it involved fixation of pay.

The Kerala High Court has held that appellant is eligible for pay in the scale of 5000-150-8000 from the date of merger notification viz. 30-03-2001.

For judgment click here

Fraternally

GS