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Central Administrative Tribunal - Mumbai

J K Dhar vs M/O Shipping on 13 February, 2019

COLLLLTTLLLTLLLTLLLTLLLULTOUL LLL LLLOTTLLLELLL LLL LEELA yy i OA No. 689/216 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAT .

O.A. No. 689/2016

. ; * ath Date OF Decision: |4 February, 2018.

CORAM: R. VIGAYRUMAR, MEMBER (A). RAVINDER KAUR, MEMBER (J).

Snri TL. zr Aged abaut 61 years, sresently pasted as ua niversity- ~Mumbai Campus, Paim Beach Block, Karave, Nerul, Navi Mumbai- 400 706.

Resi. Add..

48, Chhacva Apts., Diamond Garden, f e Sy , ton-Trambay Road, Chembur- 400 O72.

. Applicant.

(By Advocate Shri $ V Marne) Versus

2. 'Union of India, Through the Secretary Ministry. of Shipping, - Transport Bhawan 1, farliament Stree New Delhi-110 O11.

2. Hirecter General of Shipping, sth Floor, Beta Bulliding, i-Fhink Teohno Campus, Ra niurmarg (Bast), Mumba Agg O42, tat . Respondents (By Advocate Shri N K Rajpurohit for R-1 & R-2 and Shri R G Walia for R~-3.) Reserved on : 27.01.2019 Pronounced om ! }3.09 -Loly CLOUT OLLLLLLTU TOLL s Ss v os Dy G4 g TS o © dns ms 43 Oo DD = ed os % 4 ss + phat, Cy ~ eg Oo need i o a @ %S 4 o BS x mi @ ti OY ay en Co Ny ie fy Sa Be 9 Send MEA i Of r ae My . ard thet 2 nae o nd $3 3 e Go Ss a n F % 8 ae wn An < ee] = " ~~ cg cay a roy te & oy irs a Led - on hn a os sr O g mo ; we "eae G a re . i 3 £ yt G oped ' mp tf "a gc: 3 fe ge oO - 2 Of ! . ee * O 3 % ne Yas gOS 25 8 S$ ---- es ry t ed fed be, or} i Dy are me Me - s es 4 Bo 4 we E ia 3 i moor = wi a3 AL 7 & t eo 4a 5 nr} Ch % bee 4 nw a Bes i ct oO 3 ti a rd, 4, Woe AS ; : :

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Indian institute of Maritime Studies Was formed as a Society in 2002, the applicant was compulsorily transferred as a deemed deputationist and in 2004, he was appointed on officiating basis as Principal (PB-IV with GP. of Bs. 10,000/-} where he continued until the Society was closed and a University was Maritime called the Indian 3 University, in 2008 to which all & employees of IIMS who had now reverted to Government employment were transferred en masse to the IMU as deemed deputationists. No benefits of MACP were granted to them in the Office of DG, Shipping when the Scheme was introduced in 2008. The IMU granted MACP benefits toa i197 geemed deputationists who fell under Article 4Qii} of the Indian Maritime University Act, 2008{(No. 22 of 2008) dt. 11.11.2069 which reads as under:

Go, Notwithstanding anything foenteined in this Act, or in tne Statutes or the Ordinances, consequent IDOT merger oF the Training Ship Chanakay, Mumbai, the COLOLLLELLLLLLLLLL LE, Were . oak Te a or te omy wm 5 a th OS ow & 6 om OG Sa By @ GO eos @ os wi dG a eS 2 wa 4 me Moh 6 fp i eM as GS mG << ff © Mc abo Lp ooy O Me Be eS vy " Qord od ced hy BS ed re my om 4 B wb Bo B el ned t is hy 4 : ; Aad bo .

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5 | OA Na, 689/201 6 granted benefits between 2009 and 2016 by the University itself by conducting a BPC and one such case was that of the applicant who had been continuing in the Grade Pay of Rs.

10,000/- from O1,01.2004 and he, therefore, received 3% MACP in HAG Scale w.a.f.

O1.01,.2014 in orders passed on 12.05.2014.

The applicant retired on 31.01.2016 and following his tirement when retirement benefits were Eo be San rctioned, audit examination of his Case led te a determination that he should have heen given 298 MACP of Rs. 8900/+ in 2008 based on his promotion as Deputy Director in 1998 and since he retired in 2016, he was not entitled to further upgradation. Therefore, the Audit recommended recovery of excess payments. These audit remarks actuated the Department into a series of actions and expression Of objections and opinions on all aspects of the applicant's career from his eligibility to he As Principal, his officiating tty ADO. Lifted capacity as Principal, his position in the IMU, the selection by IMU of the applicant as.

6 4 No. 6892018

Director in 2612 through an advertisement 38 MACP in 2014 te 3 C3 a.

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9) Ky ou fw we ct oO it das process HAG Seale. Therefore, the official respondents nok only WLah Lo etfect cecoveries from the applicant but also OM to accord ele directed reduction of his pens he with the views expressed in audit. They have simultaneously raised objections in regard to his absorption status in the University. by virtue of a letter of 2007 issued by the nears' Welfare oS Penartment of Pension & Pansi and clarification issued in July 2016 disempowering the Autonomous Bodies, in this case the IMU,. from the Final authority to grant MACP to deemed deputabionists . The applicant has argued his case in the OA to which repiy was filed py the respondents and Oo.

opposition expressed to the interim orders granted by this ribunal. Following the rejoinder ot the applicant, several additional affidavits have been filed by both parties. The Respondent No. 3, the IMO, has a€aiso filed an affidavit in reply. ALL these % sort 4 : . Syed ~ : = pleadings and submissions of the learned © 7 | OA No. 689/2616 counsels for parties has besn taken. inte considera ti or for the purpose of these orders and the rules have been carefully perused.

4. The applicant joined service with the respondents in the Engineering Wing of the bal Bahadur Shastri (LSS) Collede, Mumbai administered directiy by the 06, "Shipping, Govt. of India and was duly. selected under the aegis of the UPSC. He Joined service on "11.09.1989 and secured his first promotien on O9.11.1998 in the revised scale of PB-IV with GP of Rs. 8700/-. The Government established the indian Institute of Maritime Studies (TIMS}) as a registered "autonomous society of the Central Government Ort 06.06.2002 and transferred all the assets and the staff on deemed deputation basis te the TIMS. In letter No. SP-L3011/1/2004-MT dt.

2.06.2004, the Director (Shipping Wing), Ministry of Shipping, Govt. of India has advised the Secretary, IIMS that the IIMS is a registered society and as per its bylaws, it has full powers to make appointments tea fos f--2 re) G a pat a of the training institutes 8 OA No. 689/201 including administration and technical posts. MP dt. Lf.08.2002, the Ministry has advised the Seciety that Lt has such full further action to fill up the post of Principal, LSS College, Mumbai. A proposal was formulated by the DG Shipping, respondent No. 2 who was the administrative authority this post of Principal. As noted in the agenda for item No. 6 reulated('* Filling up the post of Principal, LBS College'), a proposal was formulated by the DG Shipping, f 2001 pS Respondent No. 2, in letter No. PB-16(6} db. 3O.08.2003 for filling up the post of ail yacant on ry be ft ot is fee "xh Gt fond ey bh » CQ x oy 18s) (F i Ph $i OL1.10.2003 due to superannuation of the incumbent. The note proposed that, as in the past, a GPC headed by the DG Shipping could the OQ.

CY be constituted. Thea note also mentione Recruitment Rules for promotien of the staff available in the feeder cadre and mentioned In particular, in letter No. A-LLOLL/2/2002- 3 wt qt :

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WN AR A ARR Re nn ARR REE an SE Re nt ne a ne en ee tne nn a tee Re Ser eee ar ten ee ee ee Fixation of Pay of Shri J.K.Dhar, Principal of LES CAMSAR.

monsequent of Principal, LB ar ho _thig promotion to the past § College of Advanced Matitime cn, Mumbai by Indian Institue adi Studies & Rese ar Maritime $tr S{TIMS}, the pay of Shri Jak. Bhar, in the pay scale of Ra. 18, 40G-500- i 22,400/- woe. fF. OL.81.2004 has. been fixed as under? -

Pay in the grade of fy. Director in the pay scale "oF Rs. 14300-400-18500/- Re. Le, 300-00 Ada. One Notional increment Rs, 400=00 Pay fixed in the grade of Principal in the pay scale of Re. i8400-S00-22400/-at the next higher 3 stage w.ee,i. 01.01.2004. The next Licrement cu @ on 01.91. 200 Rs, 18, 9O0=05

3. A question has arisen by the challenge raised .by respondents that the decision under Agenda item No. @ of the Board of Governors of IIMS was followed by the orders of che SG Shipping dt. G2.01.2004 appointing the applicant as Principal on y officiating basis with GP of Rs. 10,000/-

pending clearance by the DPC as laid down in Government Recruitment Rules which required a foo Od No. 689/206 o we a Yesat 4 i ak < Ay py Secretary dealing with Shipping in the Ministry as Members. However, the subsequent avents suggest a different course of action and thought. The initiator of the proposal who was also ex-officio Additional Secretary in the Ministry. After the proposai approved and appointment order issued, not by the Secretary TIMS, but by the DG Shipping himself prior to approval by the Board of steps were taken by the Office of the DG 35 re Shipping to form any DPC of the kind requir Ab fhe in the Government Recruitment Rules and th

3) Hee pet LO appoint the applicant formally AS rr ty fet * tm 5 ip pot pe OL clip The respondents have arqued that the applicant whe was Head of the Institute himself should have moved such proposals. he applicant has pointed out ain his additional affidavit that he had written AY PLEA ae, A yom. ~ ~ cn rz fe£a {LEX 17.12.2005 and reference No. PS&A/G.O. (68) / oo ~ my rared ay et wy At a -- "

db. Q3,038.8006 requesting ¢€ariy action for a GY SSS SSE is O4 No, 6809/2016 . conducting the DPC for his promotion but it appears that na action was taken. This inaction could be construed by dubbing it as Ore, as an estoppel & x ae lethargy and there:

against the respondents denying the rightful sy claims of the applicant. On the other hand, the inaction could well be adjudged against No. SPT<13OLL/1/2004-MP dt. 25.06.2004 which reiterated: the autonomous character of the Society and that it had full powers to make appointments. This aspect could be compared with similar powers exercised by Central Hy tH is) ot on iD Government Autonomous Societies such Institutes of Management etc., and other institutes around the country. This .letter was alse desued nearly six months after the appointment Was made and orders of appointment and pay fixation were issued to the applicant. In such cases of a pointments S by Societies exercising their antonomous powers, the question of getting UPSC approval does not arise and whatever approvals are Le 'try were the tft be obtained within the Mind concern of the DG Shipping and, ib is without doubt and has not been rebutted, that the DG ®himoing acted in concert with the Ministry =~ A 16.2004, the appointment order issued oy the DG Shipping who was also holding the post of Chairman of the Managing Committee of IIMS was in the nature of a final order and can only be treated in such. terms. It could be argued theoretically that even if the applicant i OF seen to be acting in officiating capacity as Principal under the TIMS, as a result of this advice of the Ministry, his substantive post remained as Deputy Director with GP of Ks.

STIG s-. However, the facts of the case are that the entire assets and staff of the college had been transferred to the IIMS and if they had remained with the Government, a4 selection oerocess from the feeder category sd would necessarily have to be made with the y adimdilar weenie alee m «64 wis tye y + ts similar result although it would involve the at a reT Oct 4 a be ey x de Poy ory Tyee Mamber PSC for the purpose in the DPC. f x yy ~ i?

applicant was then eligibie for the post and Od No. G8W 2078 was the only eligible person in the feeder g category. Rowever; this situation ft z;

ce impacted on two aspects. First, is the aspect of eshoppel discussed above. Second, when the TIMS WAS converted into a University, namely, ehe Indian Maritime University, the assets and staff were transferred en bloc to the new University. At this stage, there would necessarily have to be a movement of statt back to the Government and then to the University as 4 case of administrative fiction. Further, at this stage, the respondents had an opportunity when the University was formed in 2007-09, to regularize the appointment of the applicant but they failed -to do so and nstead, in orders dt. 08.10.2005, _ they transferred i all the employees TO TIMS providing the opticn for absorption or continuing in Government service but working Ln IMO through the mechanism of deputation.

Ab this .stage, the applicant was posted as Director-in-charga, TMU with GP of Rs.

i8 OA No. 6887 2016 10, 000/-, Such @ movement can only be possible by withdrawal from TIMS and a Simultaneous posting on deputation basis by ter tt Gi the respondent Government although this would be only om a notional basis. .However, this carries with it an implicit recognition of the status of the employee in terms of his rank, pay and allowances.

proposals for appointment of the applicant as Principal which ware later treated as on eificiating basis pending DPC approval were initiated by the Additional Secretary and BG Shipping ef the Ministry. The applicant had sent two reminders in 2005 and 2006 requesting early action for conduct of DPC.

in this connec ctien, the vacancy of Principal arose with the retirement of the incumbent on

2. feet 2 a $ mt ff SL.19.2003 and the apolicant joined commenced service in the academic profession ar x 7 > . cepey te ye . wee ms a rn < YO £3 . on with the respondents on 21.09.1989 and had completed mors than the required 10 years, by + : + Sat oN a " * a ~ % "oy the time he was considered for the post of "29 Od No. 689/2016 Principal and was, therefore, eligible to he considered and in actual fact, he was the.

wd { only eligible candidate as admitted by the respondents. The Recruitment Rules were entirely satisfied by the applicant at that point in time and if the College had continued under the Governme che position tw mp ct a?

Cy ee would have xemained the 'same. Having proposed and passed orders appointing the applicant with the promise of conducting a DEC, apn obligation was cast on the respondents to conduct such a BPC ain a reasonable time and since the applicant had already taken charge of the post, he was entitied to appointment. w.e.f. 91,02 ,2004. The conduct of che DPC by Departments of the Government of India are regulated in terms of a Model Calender for DPC prescribed by the DOoPT in OMs issued in 1998. As held. by the Hon'ble Delhi High Court in Dr. Sahadeva Singh Ve, Union of India & Ors. in W.P. (C) No. 5849/2007 decided on 28.02.2012, the respondents are compelled to adhere to the said OMs dt. 08.69.1998 and 13.19.1938. The 20 No. 6898/2016 th O my os u Q wD f my Mei reason given by the respondents is that the applicant as Head of Department in his capacity &@s Principal of the college:

should have initiated proposals. As we have determined, LE is the DG Shipping who initiated the proposal to promote the applicant and all matters lay within his hands ut he failed to move despite reminders. Yhere is clearly no justification for delay in conduct of DPC and although no only after the superannuation of the applicant in 2016 after twelve long years. such Gross negligence can also be a component of mala Fides in our considered view. This aquty of the spondents has also been reiterated by the Hon'ble High Court of Delhi in V.K. Jain Vs. Union of India & Ors. in WLP. (C) No. 5617/2003 decided on 03.05.2012. Therefore, we are unable to come to any other me * conoly bed sion than te hold that the applicant was duly promoted and tcok charge of the promoted post on O1.01.2004.

©

11. Again, prior dt. 08.10.2008, Scheme of MACE on required Cadre constitute the First persons whose case 40.06.2009 for grant © Centrolling OA No. 688/207 t oe these transfer orders the Government had issued the 19.05.2008. The Schame Authorities to Screening Committee for had matured up te under MACP., a a poy cr If the date of promotion of the applicant as Deputy Director on O09.

he was eligible for .1998 is considered, consideration by the First Screening Committee whose meeting was been produced by the such a applicant Was one considered for M2 meeting . Since a ma be, conduct uch 4&2 mee fa to be held by June 2009. No evidence has respondents to show that among the many persons meeting took place and that the by t cP in that Committees indate of the Government had to be followed, Lt Shipping did Ca include the applicant is quite apparent that obey the orders and ing. The failure to eonsideration of this Sereening Committee would also suggest that the cognizance of respondents had taken ful {nt the fact that the applicant had 220 OA No 3689/2016 already been promoted even in his substantive cadre as Principal with GP of ERs, 10,060/- after giving a go-by te the requirement of the UFSC. Since he had obtained & promotion, he was not eligible for Secand MACP and could not have been considered in June #008, L2. The respondents have now raised the issue that the applicant was mot eligible fer rp Tt Be a Hs sp mth appointed as. Principal by reading hal the Recruitment Rules which turns out toa 0 mh x 9 A mischievous misreading calculated to tr deceive this Tribunal. The epplicant has rebutted this absurd argument and we do not aspect of imposing costs on the respondents

13. The questien arises as to why the IMU chose to designate the applicant as Director-

© © in-charge which they have recorded in their' orders appointing him as Director based on fo oye fae ® « ext Sk a on Committee proceedings held in fy © joa ri > ry ee + © bh ry 53 hh oO my 3 ct $ ms o "

hy Ch a irs vee Bond, Oo * Ty $3 ¥ ie rye 2 SP4 4S de '> wot yop é . oho * a) WISRO/REGR/2O014/ db. G3.03.2014 reeords the Ker " Sete ne -h, " my som . iy i decision of the Execuhive Council of Mu ce a COLLOLCLTOLTLCOOLTTILLLLLLLLLLLLLLLLLELL IE 33 OMA No. 689/2016 5 appoint the applicarit whe was then working a Director-in-charge, Mumba dL Campus Sy én mg Director, IMU, Mumbai C Campus in FR-IV with G of Rs. 10,0600/- on deputation basis for three Years. This Grade Pay carresponds to the Grade Pay that he was already sarning at that point in time and had been earning since being appointed as Principal ef LBS College in IIMS. The IMU then considered the case of ant of 3** MACP on .

the applicant for qr 25.06.2014 since he had completed 10 years in the grade without promotion. In terms of rt a Para 86 & 27 of the MACP Scheme relating iA 4 th employees on deputation, the IMO granted MACP to the applicant including ali other 136 deemed deputationists as eligible. these - "MACPs are stated by applicant to have been granted between 08.10.2009 and prior to an order of the Ministry based on clarifications of DoPpéeT dt. 15.0 7.2016. In the case of the applicant, the MACP was granted on 01.01.2014 vide IMU letter No. IMU/HO/Admn/MACP/O1/2014 dh. 12.05.2014. Subsequent Lo this, clarifications were obtained by the Ministry 24 Dd No. 689 2016 cf fo O oo if on the method in which the Service eondit seamed deputationists under Section 49 {4} © bn of IMU Act, 2008 were to be regulated. In x the context of MACP, it was directed in th ed oo ce letter dt. 15.07.2016 that officers depu under' Section 49(2) such as the applicant could only be given benefit of ACE /MACP by the IMU and for this purpose, they could hola a DPC and after obtaining the option of the deemed deoutationists to continue on that basis with the IMU or get absorbed, send the ree to the DG Shipping(Respondent Ne. 2} for confirmation. The respondents have argued that this procedure was not undertaken by the University The applicant has rebutted this:

argument on the basis that these Clarifications on the manner of regulating MACP were received well after orders granting fo him on 12.05.2014 by the IMO based on the MACP Scheme and also, well after his superannuation on 31.01.2016.

14. Viewad in terms of our developing the service conditions in relation to the LLL, STOTT 2300 | QA No 6892018 rgument as wé have found from the analysis ek this case, it cannot be denied that the applicant was drawing a GP of Rs. 10, 00G/- from 01.01.2004 and the conferment of the rank of Principal was effectively in place and recognized by Government. Tf there was any shortfall such as the lack of the UPSC approval, neither the applicant nor the TIMS, nor the IMG could be made responsible . and with the lapse of time, this couid only be considered as a useless formality that the Ministry has chosen to overlook. The 4 applicant cannot be penalized by acts of implied approvals or inaction on the part of the respondents. From this basis, the applicant is ci early entitled to the 2°" MACP benefit on 01.01.2014 and he was rightly sanctioned such a benefit by the IMU and when he retired, he was obtaining that pay. The respondents argue that the clarification takes effect from the date of grant of MACP Scheme. Their objections may be consideren on nwo aspects. First, is the aspect of confirmation by the DG Shipping of the wh, 26 Od Na. 6892016 OPC held by the IMU. On ne ae CG oO @ fe a 5] rs af eect iD these proceedings, the only objection that computanhion ef period of 10 years with respondents arguing that the substantive rank of the applicant was only Deputy Director and that he would have been conferred a 2 MACP in 2008 with GP of Rs. 89 S00 /~. The other aspect is that the DG Shipping had not seen % these proposals. We have already dealt with the first aspect and found it to be lacking 'im substance. The second aspect is 4 fet FOXY ma hy 2 z x been argued by the respondents that there was any administrative deficiency An the proceedings of the DPC conducted by the IMU. The clarification was never received in 2014 by the IMU for consideration by the DPC and it can only be mela that this designa ted authority, the IMU under the MACP, exercised rr Lis powers as specified with due authority.

ecognised by the .respondents as having we = ity and it cannot be said nor has it © LLL COLLLLCLLLLLTLOAOLOT LULL ® 2? 04 No. 689/2016 beer promoted.as Principal by respondent No.2 as early as 2004 and at varicus subsequent opportunities, including when he was reverted at closure of IIMS and

-transferrea compulsorily to IMO, his designation and pay scale had erystallized. What. remains is & procedural infirmity as mentioned above but thst could well be treated as a O useless Formals Loy (Aligarh Muslim University and Others Vs. Mansoor Ali Khan, reported in 2000 STPL 10131 SC).

io 3 ct Alternatively, by analogical applicat of the ruling in P. Mohan Reddy Vs. E.A.A. Charles and Others, reported in 2001 STPL Ou (BE) 29352 8C. Tt is the pre-amende yules that would apply to the need for a ¥y th crutiny by the DG, Shipping for the case of the applicant as also for many of th «b other deemed deputationists who had been granted the same benefits and whose cas ® { the applicant contends, have not been formality apmdicati my nothing to motions al sanction

15. that in rg Ra 4 "a wea on te Gi ing et } 2 o o food $3 2 rh rh pes oe D a Of AULO MOmous aoe ba by ¥ om of with shop th though the 2° MACP wee afterthought, ae :

CLlaam, 3 suggests claiming 307, the the 2a OA No. B&WOD16 respondents.

ftuifiil an administrative the retrosp Lve drawal of powers, there is em from going through the interpretation of law is However, it needs be ta af respondents to they now ; as eligible to that these are merely with " S43 dg Ey " y s eO Justify conplying not suggest any consideration of have raised the issue IMU had nok taken Rule of Inmediate Department ats 3 ~ f ~ ao ype ak. SiL.iG. 2007 for exempting post Erom immediate absorption of sent Or denutation to Central © VIL Wiis 28 OA No. b&9/2016 that such Government servants proceeding on deputation basis without cabtaining specific exemption would be deemed to have resi igned from Central Government and absorbed in the Central Autonomous Body. These orders are contained in Para 6 directing ail administrative Ministries and Departments to get exemption orior no such dep' tation. The esponden ts who were required to move such proposals have not stated whether they actualiy gent ~-- such proposals to the Department of Pensions & pensioners' Welfare. The TMD was also created subsequently in 2008. Further, the IIMS headed by the DG Shipping was alae apparently unaware of this equirement. tn the face of such ignorance, it is @ifficult to fasten the applicant with the liability for the incompetence and laxity of the respondents. Even this awareness appears toa have crept on the respondents only after the a udit observations which resulted in impugned orders No. ST=L40L1/8/2008-MP at.

16. In any event, as Respondent No. 3

oe & :

ms , GSB 207 'GC f ension O4 2k t ~ f OLOOT ELT LTTE ELLE.

ws « ms 4 4a ct seed S oot ord wd .

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ey

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ue a b 8 of td toep Se te i, o > a ES Set Op oat " tes ~ oH ad by, so Roe my we oe to) cs) Tm HW wy ha * «43 ms os

5 O 2 2 gaan Boa RB 8 @ ao 6 88 8x % Roe a * . « 4 ~ ky 8 C is ON 4 43 O pep i ae het > Ss a ~ a Cor COULLLLCOTUTOT OLLIE ® 3} DA Na, G89/2016 : rm <n, waar ty a} Posts Lg newly :

astabiished/ temporary i "pe Se >. e + eye poe organizationa f( upto a periad of & * IF ge pe } ela he x years Eran che date oO:

establishment) ERX.

ar Why os ye buss tat Y % ax Vii} Faere should be an entry in recruitment ruies to the effect that x eet are a aga? " : oy, arr the exemption From ruie of immediate s > .. . .

absorption is Nae required for appointment on deputation."

17. A careful reading of the orders 4 ae and the covering letter of the DoPT dt.

Q3.12.2015 would suggest that they were considered and ordered in the context of oh problems faced in appointment of Central tral we e Government employees to posts in ¢ Autonomous Bodies on deputation basis without seeking exemption From the Rule of Immediate Absorptican. The oarders do not oS KH 4 ak d f+ or o for retrospective effect in A G ae Q j--t ih f--t O terms. Tf these orders wers Cc ®) wa th pet oh Che ct o

1) "oh 3 fered gt ct C eT ay iB 7} op mn Gs Ch.

hh 2 a QO es @ oy deputationists for the IMU, then the following logic would apply by virtue of the provisions of the IMU Act extract above.

a?

ae Od No, GSR/S076 Autonomous Body and the applicant is holding eet ct es B font ot ou oy ng ie pt 5 fede, mS aah hot a & very senior post, GP of Rs. 20,000/~- and after cochtaining 3*4 MACP, in the HAG Seale. At the time when he Was compulsorily transferred to the IMU, that organisation was newly established and therefore, a five year period was available ~ in terms of the OM dt. 12.10.2015 at para retired. The Rule 49({1) provides the option to continue on deemed deputation, with all benefits due to a Cantral Government Servant, to the appiicant and Similarly placed persons. Pherefore, if cannot be said that JiS has not been satisfied. Therefore, we hold that this OM squarely applies to the case of the applicant and the objection raised by respondents based on the orders of the DoPaPW of 3007 are not maintainable considering that they have been SLL WLLL 33 Od No. 689/2016 raised in ignorance of the orders of the DOPSPW dt. 12.10.2015 which were communicated te all Ministries and Departments by DoPsT in OM No. 2/1il/2015-Cs.5(u) dt. G3.12.27015.

oe rt fH = Ct f+ OF 12, On the other hand, i considered that these orders de not have retrospective effect, then we may make rh re erence Lo the orders No. st-

14011 /8/2008-MT dated O8.10.200 6e3 transferring all the employees of the Government Maritime Training Institutes hitherto working as deemed deputationists in IIMS, Lo the Indian Maritime University. These orders refer to Section AQ(i} extracted above and set the following terms and cenditicns after consultations and approval | with the Department OF Pension and Pensioners Welfare, Department of Personnel and Training and Department of Legal Affairs vide their UO No.4/5/2009-PaPW(D) dated 13.17.2009 AS L4017/37 /20693 Sti RR) f oN G14 Neo. 68820) 34 cin ceeeneeeee tie tite, ions t sd cs OG Ba i SE GO OY Got S ma oe oo oF "A Gm MS EO a a S "ey 45 FE @ "ey Oy sep OT ho a 3 fe te ent 4 5 ine 5 7 a Ti seg 43 0 ~ 4 Om A, mony - oS ' mH Ty os @ ay oO t Ss [S © 4 oa teed ot Lo my uv a os a eg "of . eae ay a ' pea o fs ba the dee mn + o "

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38 , Od No, 689/2016 University ain 2012 of the applicant as Birector by converting his erstwhile status as Directer-in- charge te that of a full dged Director. They have arqued that the apolicanh did ono file nis application through proper channel but this has been specifically denied by the applicant. Tt is evident that the applica was working at thah time under the IMU and it cannot be denied that the proper channel in this case was the IMU itself whith had indeed, received © the application. If the IMU did not forward this application to the 0G, Shipping, the applicant cannot be blamed and be penalized monetarily for lapses of IMU Administration, Co event took ft

0.

ip 3 Ke rs So rt sZ sy ct rt we ps uw Sslace 3 PLace an x 2012, even the O09 Shipping and the Ministry PE : ¥ a who were closely involved ain the administration of the University did not raise any objections and they scrambled to invent obtections only after the Audit 2a. in the circumstances discussed above, Lt iS apparent that the respondents have SA DEEDES Ana cada gaa aa aaa naan a naan ag aa ana a aaa aaa ance eee @ Vy 3 SO OA No. 689/2018 wh CS hy @ ry beq Oo rs n oe ict committed a if tb ares an administrative kind and have, at the late stage after retirement of the applicant, pot vaised a variety of technical cbjections to he case of the applicant and have not only G ct f f 2 ought /made recoveries but have al UF ie w o attempted to reduce his eligible pensionary benefits. Several frivolous arguments and arguments based on ignorance have also heen put forth in support of their case. ALL spects have been discussed in the ct us (B a @ ay m above orders and in the circumstances, we allow this OA and grant all the reliefs hts it ay 1B including those ae pensionary ben claimed due to the applicant based on his actual last pay drawn on 31.01.2016 at the time of retirement. The respondents are directed to release all his pensionary and other benefits, balance of leave encashment and other dues along with interest on all fend iD 3 f et ea My e3 ct

6) 2 these amounts at a rate not rate applicable to delayed GPF payments, within six weeks of receipt of these orders.

Any further delays shall be subject to Additional interest delayed period. the matter and respondents hav the co Hh be paid by resp ae . ue within six weeks.

| {Ravinder Kaur) Member {J} with it, we quantify ts oF the oy O4 No. 6882018 128 on the further ering the nature of manner in which the