NEW DELHI: The Principal Bench of the Central Administrative Tribunal, Delhi, has upheld the Centre's policy decision to set up the Subordinate Statistical Service (SSS) in the Union Ministry for Statistics and Programme Implementation.

The Bench comprising Judicial Member Shanker Raju and Administrative Member S.A. Singh pointed out that since this issue had already been decided by the Tribunal while dealing with another matter, the same could not be gone into in this case filed by the All India Association of Investigators of National Sample Survey Organisation.

The Bench, however, set aside an order treating a promotion from a functional post to a non-functional post as a regular promotion. The Bench noted that such a promotion policy would be an anti-thesis to the Accrued Career Progression (ACP) scheme itself. When two functional and two non-functional posts existed, the hierarchy of promotion could be only from the same cadre and it could not be from the functional to non-functional cadre. It said the Government as a model employer must maintain uniformity in action and any differential action or treatment would put an infraction to the doctrine of equality enshrined in Article 14 of the Constitution. If the Government had kept only two functional regular scales then the ACP had to be in conformity with the existing hierarchy and not in conformity with the financial hierarchy on completion of 12 years of service in the scale of Rs.5,000-Rs.8,000. As a result, the financial upgradation due to the ACP would be to Rs.6,500-Rs.10,500 and Rs.8,000-Rs.13,500, the Bench said. The Bench while setting aside the notification remanded the matter back to the Government to reconsider the entire issue and pass an order within six months.

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