Central Administrative Tribunal - Ernakulam
Niranjan R vs The Secretary Chairman Isro Department ... on 21 November, 2023
-1-
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00952/2019
Tuesday this the 21st day of November 2023
CORAM:
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
1. Niranjan.R. (Staff Code : 24138),
Assistant Catering Manager,
Vikram Sarabhai Space Centre,
Thumba P.O., Thiruvananthapuram - 695 022.
2. Sajikumar.N.P. (Staff Code : 27340),
Assistant Catering Manager, C&GHS/CMSC,
ISRO Inertial System Unit,
Vikram Sarabhai Space Centre,
Vttiyoorkavu P.O., Thiruvananthapuram - 695 013.
3. Shanoj.C.George (Staff Code : 36214),
Assistant Catering Manager, C&GHS,
Rocket Fabrication Facility,
Vikram Sarabhai Space Centre,
Thumba P.O., Thiruvananthapuram - 695 022. ...Applicants
(By Advocate Mr.P.N.Santhosh)
versus
1. Union of India
represented by the Secretary to Government,
(Chairman, ISRO), Department of Space,
Government of India, Anthareeksha Bhavan,
New B.E.L. Road, Bangalore - 560 231.
-2-
2. The Joint Secretary,
Department of Space, Government of India,
Anthareeksha Bhavan, New B.E.L. Road,
Bangalore - 560 231.
3. The Director,
Vikram Sarabhai Space Centre,
Department of Space, Government of India,
Thiruvananthapuram - 695 022. ...Respondents
(By Advocate Mr.N.Anilkumar, Sr.PC)
This application having been heard on 18 th October 2023, the
Tribunal on 21st November 2023 delivered the following :
ORDER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicants have filed this Original Application seeking the following relief :
1. To issue a direction or order calling for the records leading to Annexure A-20, Annexure A-21 and Annexure A-22 issued by the 2nd respondent and to set aside the same.
2. To issue an order declaring that the decision of the respondents to place the applicants in the Pay Level of 9 is illegal and the applicants are entitled to be placed in the Pay Level-10 in the Pay Band of Rs.56100-17700 (Revised).
3. To issue a direction declaring that the respondents have no authority to alter the Pay Level drawn by the applicants by reducing the same from PB-3 to PB-2.-3-
4. Issue an order or direction directing the respondents to grant the applicants pay and other allowances in the Pay Band Rs.56100-177500 in Pay Level 10 as evident from Annexure A-5.
5. To issue an order or direction declaring that Annexure A-8 Office Memorandum issued by the 1 st respondent to the extent it reduced the Pay Band from PB-3 to PB-2 as evident from paragraph 9.7 is ultra-
vires the Central Civil Services (Revised Pay) Rules, 2016.
And
6. Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.
2. The 3 applicants in the O.A are Assistant Catering Managers (ACMs) working in different units under Vikram Sarabhai Space Centre (VSSC), Thumba, Thiruvananthapuram. They have filed this O.A as they are aggrieved by fixation of their pay in the Pay Level 9 after the implementation of the 7th Central Pay Commission (7th CPC) recommendations instead of the Pay Level 10, corresponding to a Grade Pay (GP) of Rs.5400/- in the Pay Band 3 (PB-3) of Rs.15600-39100. All three applicants were promoted as ACM at different points of time after joining the VSSC initially as Canteen Supervisors. The case of the 1st applicant is indicated in more detail in what follows below in order to -4- appreciate the issues raised in the O.A. It appears that the 1 st applicant after joining VSSC as a Canteen Supervisor, was promoted as ACM by Office Order dated 18.09.2007. He was then placed in the PB-2 Rs.9300-34800 with a GP of Rs.4800/-. On completion of four years of service from the date of drawal of GP of Rs.4800/-, he was granted Non Functional Upgradation (NFU) or Non Functional Selection Grade (NFSG) to the GP of Rs.5400/-. At that time, he was however placed in the PB of Rs.15600-39100 (PB-3), with the GP of Rs.5400/- from the PB-2.
3. It is submitted that the Government of India then revised the pay structure based on the recommendations of the 7 th CPC Report while the 1st applicant was working in the said PB-3 of Rs.15600-39100 with GP of Rs.5400/-. The 1 st applicant had been drawing the GP of Rs.5400/- from the year 2011 onwards. The Department of Space (DoS) accepted the Government of India's resolution on the 7 th CPC recommendations and decided to implement the same within their organisations. Accordingly, all employees drawing the GP of Rs.5400/- in the Pay Band-3 of Rs.15600-39100 were placed in the Pay Level-10. It is submitted that a pay slip was also issued to the -5- 1st applicant for the month of July, 2016 to this effect, which is produced at Annexure A-4. This was continued, as can be seen from the pay slip produced at Annexure A-5 for the month of October, 2016. This shows the pay matrix level of 1st applicant as Level-10 and the corresponding pay scale of Rs.56100-177500. However, it is submitted that later when the 7th CPC Report was actually implemented within the DoS, the applicable pay level in the case of 1 st applicant, was reduced from Pay Level-10 to Pay Level-9. A copy of the statement of fixation of his pay dated 25.08.2016 is produced at Annexure A-6. Further, a copy of the pay slip for the month of December, 2016 of the 1 st applicant, showing fixation in Pay Level-9 in pay scale Rs.53100-167800 has been produced at Annexure A-7.
4. The applicants submit that the 1st respondent, Department of Space, had issued an Office Memorandum (O.M) on 14.08.2016, produced at Annexure A-8, reflecting revision of pay in the Pay Matrix issued under Central Civil Services (Revised Pay) (CCS [RP]) Rules, 2016. An annexure 5B-18 of this O.M as implemented by the DoS shows the revised pay for the Catering Supervisor and Manager Category. It is submitted that from Annexure A-8 it is clear that the -6- DoS had implemented the Pay Revision Order in full, except for the Catering Department. From the Pay Matrix issued by the Government of India under Central Civil Services (Revised Pay) Rules, 2016, it was evident that the Pay Level corresponding to PB-3 Rs.15600-39100 with GP of Rs.5400/- was Pay Level-10. However, in the annexure 5B of Annexure A-8 O.M dated 14.08.2016 the pay of the Assistant Catering Manager has been reduced to Pay Level-9. The Pay Band was also shown reduced from PB-3 to PB-2. Further, in para 9.7 of the O.M at Annexure A-8, it was indicated that 'the pre-revised Grade Pay of Rs.5400/-, in PB-3, assigned to Administrative Personnel under Non Functional Upgradation, shall now be assigned to PB-2 and the replacement scale of Level-9 be assigned under CCS (RP) Rules, 2016. The difference in basic pay, if any, due to the above change, shall be protected by treating it as personal pay to be absorbed in future and such protection shall be applicable only to those employees, who were placed in Rs.5400/- (pre-revised) on or before 27.04.2016. All other terms and conditions stipulated in the DoS O.M.No.E.29011/1/2008-V dated 24/26.12.2009 read with O.M of even number dated 13.12.2012 remain unaltered.' -7-
5. It is submitted that by the Annexure A-8 O.M of the DoS, the applicants have been placed in a disadvantageous position by the lowering the Pay Band from PB-3 to PB-2. It is submitted that the action to reduce the Pay Band and Pay Level is without authority of law and that the same is ultra vires the said CCS (RP) Rules, 2016. Aggrieved by this action, the 1st applicant had submitted a detailed representation to the 2nd respondent, Joint Secretary, DoS on 07.09.2016. Similar representations were submitted by the other applicants also. However, since no decision was taken on these representations, they jointly filed the O.A.No.180/1060/2018 before this Tribunal. The O.A was disposed of with a direction to the respondents to consider the matter and to take a decision. Pursuant to this order, the 2 nd respondent passed the impugned orders rejecting their claims as per the O.M dated 29.03.2019. This has been produced at Annexure A-20, Annexure A-21 and Annexure A-22 respectively, for each of the 3 applicants.
6. It is submitted that the CCS (RP) Rules, 2016 and the Government's decisions in regard to the revised pay structure for civilian employees of the Central Government for granting Pay Level 10 for civilian employees who were drawing the GP of Rs.5400/- in PB-3 -8- Rs.15600-39100 had been issued under Article 309 of the Constitution of India. Hence, this being the position no Department can modify the same to the disadvantage of any category of employee coming under the said Pay Band. Hence, Annexure A-8 order to that extent it has reduced the Pay Band enjoyed by the applicants is illegal and unconstitutional. Further, it is also submitted that the decision to reduce the Pay Band of the applicants from PB-3 to PB-2 is also in violation of the principles of natural justice, as the applicants were enjoying the Pay Band-3 of Rs.15600-39100 after the implementation of the 7 th CPC in the DoS. All other civilian employees of the Central Government who were in this Pay Band were placed in the Pay Level 10. The Pay Band was reduced to their disadvantage only in the case of the applicants alone by reducing it from PB-3 to PB-2, which is illegal and unsustainable.
7. The respondents filed a reply statement in which they have submitted that all the three applicants had been initially appointed as Canteen Supervisors in the 5 th CPC regime in the scale of pay of Rs.5000-150-8000. Their subsequent promotion was to the post of Assistant Catering Manager (ACM) in the scale of pay of Rs.6500-200- 10500 in the 5th CPC. Consequent on completion of the prescribed -9- period for promotion to the next higher post ie., Assistant Catering Manager, they had appeared for the review process and after qualifying in the review, they had been empanelled for the post of ACM. They were then promoted to the said post based on occurrence of vacancies. It is submitted that the next career progression is to the post of Catering Manager (CM). It is also submitted that while adopting the revised pay structure under the 6th CPC in the DoS/ISRO, the GP of Rs.4800/- in PB-2 was assigned to the post of ACM. It is clarified further that the Non Functional Scale had been assigned to the following categories of personnel in the DoS/ISRO in the GP of Rs.5400/- in PB-3, who had rendered four years of regular service in the GP of Rs.4800/- in PB-2, in their specific posts after appointment/promotion thereto :
(a) Personal Secretary
(b) Project Personal Secretary
(c) Senior Project Assistant
(d) Assistant Catering Manager
(e) Assistant Security Officer Accordingly, all the applicants in this O.A who had got promoted to the post of Assistant Catering Manager (ACM) in the GP of Rs.4800/- in PB-2 had been granted Non Functional Upgradation in GP of Rs.5400/-
in PB-3 on completion of four years regular service in the ACM post -10- held by them. It is submitted that the applicants' next promotion is to the post of Catering Manager (CM) which is in the GP of Rs.5400/- in PB-3. This means that the Non Functional Upgradation and Promotion were in the same Pay Band and Grade Pay.
8. The respondents submitted that the 7th CPC made recommendations for dispensing with the system of Pay Band and Grade Pay. It introduced the new pay structure in the form of 'Levels' in the 'Pay Matrix'. Regarding the Non Functional Upgradation, the Commission made the following recommendation "In so far as the nonfunctional upgradation is concerned, in the newly restructured pay matrix the earlier situation of a common grade pay ie., Rs.5400/- prevailing in PB-2 and PB-3 has now been rationalized. Accordingly, the nonfunctional upgradation will henceforth be from Level 8 to Level
9. In the case of all such cadres/services where nonfunctional upgradation is presently available across two levels, for example, from GP Rs.4800/- to GP Rs.5400/- (PB-3) the same will now be available across only one level for example, from GP Rs.4800/- to GP Rs.5400/- (PB-2) or in the new matrix from Level 8 to Level 9."
-11-
9. It is submitted by the respondents that the new pay structure, notified by the Government of India, Ministry of Finance for various posts in Group 'A', 'B' and 'C' in the Government of India had been considered by the DoS in so far as it related to the Scientific/Technical and Administrative posts in ISRO/DoS. The DoS decided to implement the new pay structure for all posts in the organization vide the Annexure A-8 O.M dated 14.08.2016. The corresponding pay level assigned to each post in DoS/ISRO was detailed in the annexure to the O.M dated 14.08.2016. It is submitted that the annexure 5B-18 to the said O.M stipulates the Pay Level assigned to various supervisory posts in Catering Area. Further, in order to switch over to the revised pay structure under the 7th CPC, the Government servants had to submit an option format filled in for the purpose. An undertaking to the effect that any excess payment made shall be refunded to the Government was also taken. It is submitted that consequent to the submission of the required options by the three applicants to switch over to the 7 th CPC Pay Matrix/Level, their pay was revised on different dates vide the Annexure A-6 statement dated 25.08.2016 in the case of the 1 st applicant, Annexure A-12 statement dated 24.08.2016 in the case of the 2 nd applicant and Annexure A-16 statement dated 25.08.2016 in the case of the 3 rd applicant. It is -12- submitted that since the applicants were holding a Nonfunctional Scale grade while revising the pay, they were placed in Level 9 of the Pay Matrix in 7th CPC. In this connection, the respondents submit that the Nonfunctional Upgradation cannot be treated either as downgradation or as upgradation, as the employees holding specific posts with GP of Rs.4800/-, on completion of four years of regular service with post were placed in GP of Rs.5400/- in 6 th CPC pay structure, while granting Nonfunctional upgradation. However, while granting NFSG under 7 th CPC, the applicants were placed in the Pay Level-9 in Pay Matrix under Nonfunctional Scale.
10. It is submitted that in the case of personnel in the catering category, the Level-10 ie., the corresponding Pay Level for Grade Pay of Rs.5400/- in PB-3 has been identified for the Catering Manager post (Group 'A' post), which is a promotional post for ACM. It is submitted that the contention that the applicants have been placed at a disadvantageous position by lowering the PB from PB-3 to PB-2 is not true in the facts of the case. The pay in Level-10 of the 1 st applicant shown in Annexure A-5 pay slip for the month of October 2016 was an error which occurred in the computer software. This was rectified -13- subsequently and the applicant was appropriately placed in Level-9 of the Pay Matrix as per the extant orders. The pay of the applicants have never been reduced to their disadvantage. Further, the Department has implemented the pay revision order of the Government of India for all categories and has not excluded the catering category. The Annexure A-8 O.M of 14.08.2016 issued by the DoS implementing the new pay structure for its employees is in respect of all the employees in the DoS/ISRO to whom CCS (RP) Rules, 2016 apply. This has been done strictly in accordance with the provisions of the said rules.
11. It is submitted that the category of personnel who have been granted the NFSG in the 6th CPC regime who were assigned Pay Matrix in Level-9 under 7th CPC, included also the personnel in the category of Personal Secretary, Project Personal Secretary, Senior Project Assistant, Assistant Security Officer apart from Assistant Catering Manager. All the personnel in the categories were granted the NFSG in Level-9 of the Pay Matrix, while revising the pay under 7 th CPC. The decision taken is not against any orders of the Government. The representations submitted by the applicants were disposed of by the Annexure A-20, Annexure A-21 and Annexure A-22 O.M dated 29.03.2019, duly bringing out the -14- factual position. It is reiterated that while implementing the 7 th CPC recommendations in DoS/ISRO, the Nonfunctional Upgradation has been clearly assigned in Level-9 of the Pay Matrix to all categories of personnel who were granted Nonfunctional Upgradation under 6 th CPC regime. Further, it was also ordered that the difference in basic pay, if any, due to the above change, shall be protected by treating it as personal pay to be absorbed in future pay and such protection shall be applicable to those employees who were placed in the GP of Rs.5400/- on or before 24.07.2016 ie., on or before the date of notifying the CCS (RP) Rules, 2016. As such, there has been no drop in pay to any of the employees and, therefore, the grant of NFSG in Level-9 is not disadvantageous to any of the personnel. It is once again reiterated that the Level-10 in the Pay Matrix is assigned to the Catering Manager, which is the promotional Group 'A' post of the applicants.
12. It is submitted that the applicants have all been informed vide the O.Ms dated 29.03.2019 in reply to their representations produced at Annexure A-20 to Annexure A-22 that consequent on implementation of first Cadre Review in DoS taking into consideration the cadre structure number of posts, promotional hierarchy etc., the cadre of Assistant -15- Officers in Administrative areas had been abolished as matching savings for creation of higher promotional posts. However, the method adopted in administrative areas cannot be compared to the requirements in the catering area, which is governed under different service conditions. Further, it is clarified by the respondents that the Pay Band and Grade Pay under the 6th CPC regime and the corresponding Level in the Pay Matrix under 7th CPC regime, in respect of Catering and Guest House Service Cadre are as under :
Sl. Designation Pay Band in 6th CPC Grade Pay Level in the Pay No. in 6th CPC Matrix in 7th CPC 1 Catering Supervisor 9300-34800 (PB-2) 4200 L6 (35400-112400) 2 Assistant Catering (i) 9300-34800 (PB-2) 4800 L8 Manager (Group 'B') (47600-151100)
(ii) 15600-39100 (PB-3) 5400 L9 on completion of 4 years (53100-167800) 3 Catering Manager 15600-39100 (PB-3) 5400 L10 (Group 'A') (56100-177500) 4 Senior Catering 15600-39100 (PB-3) 6600 L11 Manager (67700-208700) 5 Head, Canteen and 15600-39100 (PB-3) 7600 L12 Guest House Service (78800-209200) As can be seen from the above table the GP of Rs.5400/- in PB-3 ie., at the Level-10 of 7th CPC regime has been assigned to Catering Manager, -16- which is a promotional post for the Assistant Catering Manager. The allegation that all the employees who are drawing the GP of Rs.5400/- in PB of Rs.15600-39100 were placed in the Pay Level-10 under the CCS (RP) Rules, 2016 and that the applicants alone were discriminated and placed in Pay Band PB-2 and subsequently in Pay Level-9 was not true in the fact of the situation. All Group 'A' posts in Pay Band in PB-3 and GP of Rs.5400/- under the 6 th CPC regime were placed in Level-10 under 7th CPC. However, since the ACM is a Group 'B' post which was in PB-2 with GP of Rs.4800/-, the post was not placed in Level-10 which is assigned to Group 'A' post.
13. It is submitted that considering the recommendations of the 7 th CPC (as approved by the Government) the Nonfunctional Upgradation in GP of Rs.5400/- across two Pay Bands ie., in PB-2 and PB-3 was rationalized and placed in Level-9 of the 7 th CPC. Further, the rationale behind the decision of the department to revise the Grade Pay of Rs.5400/- in PB-3 granted to the administrative personnel by Nonfunctional Upgradation, to Level-9 as replacement scale under CCS (RP) Rules, 2016 had been also communicated to the employees including the applicants. As stated earlier, this Nonfunctional -17- Upgradation cannot be termed as either downgradation or upgradation, as employees holding the post with GP of Rs.4800/- on completion of four years of regular service with the post, got the GP of Rs.5400/- in the 6th CPC pay structure while getting Nonfunctional Upgradation. In the newly restructured pay matrix, the earlier system of a common grade pay ie., Rs.5400/- which was prevailing in PB-2 and PB-3 was rationalized by making Nonfunctional Upgradation from Level-8 to Level-9. Thus, it is in view of these reasons that the DoS decided to revise the GP of Rs.5400/- in PB-3 assigned to the Group 'B' administrative personnel under Nonfunctional Upgradation to the Level-9 as replacement scale under CCS (RP) Rules, 2016. The demand of the applicants in this regard hence cannot be justified under the prevailing rule provisions. This was communicated to them in detail vide Annexure A-20 to Annexure A-22 O.Ms dated 29.03.2019. Further, it is not correct to state that the respondents have not acted in accordance with the rules. It is submitted that it is the applicants who are trying to mislead the Tribunal by presenting the said rationalization made by the department as discrimination or erroneous thereby trying to earn undue benefits. There has been no violation of Article 14 of the Constitution and it is not just the catering staff, but several categories of personnel referred to earlier, -18- who have been placed in the said Level-9 of the Pay Matrix under Nonfunctional Upgradation on completion of four years of regular service in the GP of Rs.4800/- in the 6th CPC regime.
14. The applicants have filed a rejoinder in which the only additional point indicated is that in 2003 a Cadre Review had been implemented in the organization and all the Group 'B' Gazetted Officers were given Cadre Review as Administrative Officers on completion of four years service and above, and placed in the next higher scale of pay. However no Cadre Review was implemented in the Catering Department and these officers were continued as ACMs. Further, it is also submitted that when the 7th CPC was implemented the ACMs and CMs were in the same GP of Rs.5400/-. Since all the employees who are drawing the GP of Rs.5400/- in PB-3 of Rs.15600-39100 were placed in the Pay Level-10 under the CCS (RP) Rules, 2016, it is not right that the ACMs alone are discriminated and placed in the Pay Band of PB-2 with revision to Pay Level-9. It is submitted that there should be equality for all citizens under Article 14 of the Constitution and, hence, whether it is functional or nonfunctional scale of pay that the applicants had been drawing, they are entitled to get the corresponding level of pay of Pay Level-10 under -19- the 7th CPC. However, these series of contentions made by the applicants have been met by the respondents by a corresponding series of additional reply statements. It has been submitted in these additional reply statements that the allegation of the applicants that no cadre review was implemented in the catering category and that they continued as ACMs was not true. The Department had considered the cases of Catering Supervisory staff in the cadre review. The number of higher level posts was increased so as to give promotional avenues to the lower level officials. The respondents have brought out a table to show how the number of posts of Canteen Manager-II, Canteen Manager-I and Assistant Canteen Manager had been increased. It is reiterated that the GP of Rs.5400/- in PB-3 is assigned to Canteen/Catering Manager, which is the promotional post for Assistant Canteen/Catering Manager. Hence, the claim of the applicants for assignment of PB-3 to Assistant Canteen/Catering Manager is not tenable.
15. The applicants have however not accepted these contentions as was brought out earlier. They insist that a proper cadre review was not conducted and that it had excluded the Catering Department. They had been given the pay hike in the Catering Department, without phasing out -20- the Assistant Officers Cadre. While giving the GP of Rs.5400/- they have been retained in the cadre of ACM. They submit that when they were given the GP of Rs.5400/- in the PB-3 of Rs.15600-39100, the Catering Managers were also in the same GP and same PB. In other words, the Department of Space had done the Cadre Review in the matter of pay but had retained the Assistant Officers post. Thus, when the 7 th CPC came along the ACMs and CMs were drawing the same Pay Band and same Grade Pay. While implementing the 7th CPC, however, the ACMs were brought down to the Pay Band-2 and the excess pay drawn by them was treated as personal pay. It is submitted that this is the illegality which has been committed by the Department. The grade of Assistant Officers had been phased out in the officers' grades as can be seen vide Annexure A-23 O.M produced along with the additional rejoinder dated 02.01.2004. However by retaining the cadre of Assistant Catering Manager in the catering department a proper cadre review has not been concluded in the Catering Department.
16. This Tribunal observes at this stage that such contentions were not made at the time of filing the Original Applications and the rejoinder and have been developed as additional legal points during the course of -21- pleadings. This has been again contested by the respondents. They submit in the second additional reply statement that the cadre review was implemented for all the categories of administrative staff, including Assistant Officers in the catering area. As part of the review of the cadre some of the posts were increased and others were reduced or abolished vide O.M dated 10.07.2003, produced at Annexure R-1(b) in the second additional reply statement. The number of ACM posts were increased from 5 to 11. It is clarified by the respondents that the O.M dated 02.01.2004, produced at Annexure A-23 by the applicants is a subsequent order after the O.M dated 10.07.2003, produced at Annexure R-1(b) by which the posts were increased was issued. This subsequent order only relates to procedure/guidelines to be followed while implementing the cadre review and the details of number of posts to be surrendered in Assistant Officer grade for the matching savings.
17. The respondents have in the second additional reply statement again reiterated that in so far as the Nonfunctional Upgradation is concerned, in the newly restructured pay matrix the earlier situation of a common grade pay ie. Rs.5400/- prevailing in PB-2 and PB-3 has now been rationalized. The Annexure A-8 O.M dated 14.08.2016 clearly -22- indicates at annexure 5B-18 that it has been done in the catering area. It is reiterated that the revision of pay scales in respect of Nonfunctional Selection Grade cannot be treated either as downgradation or as upgradation as the employees holding specific posts with GP of Rs.4800/- on completion of four years of regular service with post, were placed in GP of Rs.5400/-. In other words, the assigning of Grade Pay of Rs.5400/- is not part of any Cadre Review proposal, but the same was granted based on the recommendations of the 6 th CPC for grant of Non- Functional Selection Grade (NFSG). In the case of the personnel in the catering category, the Level-10 ie., the corresponding Pay Level for GP of Rs.5400/- in PB-3 has been identified for Catering Manager post, which is a promotional post of ACM.
18. After going through the materials provided in the pleadings, we do not find any error or arbitrariness in the matter of fixing the pay of the applicants in the Pay Level 9 on implementation of the 7 th CPC. The recommendations of the 7th CPC, which had been brought out earlier, also supports this position. As rightly pointed out by the respondents, the grant of NFSG and the grant of GP of Rs.5400/- in PB-3/PB-2 has been rationalized in the recommendations of the 7 th CPC by -23- recommending/indicating NFSG upgradation in the 7 th CPC as an upgradation from Level 8 to Level 9. The applicants, who are ACMs and who had been granted Nonfunctional Upgradation in PB-3 with GP of Rs.5400/- cannot be considered on the same footing as those who had secured a regular promotional post as CM in GP of Rs.5400/-. The CMs have been placed in the Level 10 of the Pay Level after the 7 th CPC and the ACM, who are a feeder post to the post of CM, necessarily have to be placed in Level 9. While doing this, as per the Pay Commission recommendations, it is seen that if any difference in the pay of an employee occurred, it was protected through grant of personal pay protection.
19. Further, unlike what the applicants has mentioned, we do not note any element of discrimination against the ACMs as a class vis-a-vis other Assistant Administrative staff. This Tribunal has recently also dealt with a matter in relation to other Assistant Administrative staff in the ISRO, who approached the Tribunal claiming practically the same relief as the applicants herein. These applicants, in the O.A.No.180/325/2017, at the time of filing the O.A had been holding the posts of Central Project Assistants, Project Personal Secretaries and Personal Secretaries in the -24- ISRO. It was noted that during the 6 th CPC they were placed in PB-3 in the pay scale of Rs.15600-39100 with a grade pay of Rs.5400/-, which was granted to them on completion of four years from the date they were drawing GP of Rs.4800/- on NFSG. They were placed in Level 9 as per Clause 9.7 of the O.M dated 14.08.2016 issued by the DoS, as provided under the CCS (RP) Rules, 2016 after the implementation of the 7 th CPC recommendations. They then approached this Tribunal seeking the same relief as the applicants herein, ie., placement in Level 10 of the pay scale etc. This Tribunal considered whether any downgrading had taken place when the pay revision was introduced and whether the applicants have been discriminated against. It was found (one of the Members herein was also a part of the Bench), that the applicants therein were under a misconception that when the Nonfunctional Grade Pay of Rs.5400/- was given on completion of four years with GP of Rs.4800/- that it was a regular promotion. It was found that this was only a conferring of a higher grade pay purely on personalized basis which was not attached to a post. It was also pointed out that, as part of rationalization during the 7th CPC such a Nonfunctional Upgradation was allowed to be taken only from the Level 8 to Level 9. Under these circumstances the argument that it was a downgradation was to be discounted. Further, the interest of -25- the employees were protected by granting personal pay whenever any difference in basic pay occurred. The aforesaid O.A.No.180/325/2017 was thus accordingly dismissed.
20. The same considerations and logic that were adopted in the O.A.No.180/325/2017 is applicable in the case of similar categories of officials in the ISRO such as the applicants herein. Accordingly, we cannot grant the relief sought by the applicants. The O.A is dismissed for all the above reasons. We are making no order as to costs.
(Dated this the 21st day of November, 2023)
K.V.EAPEN JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
-26-
List of Annexures in O.A.No.180/00952/2019
1. Annexure A-1 - A copy of the Order No.VSSC/EST/C/CTN/24138 dated 23.10.1998 issued from the office of the 3rd respondent.
2. Annexure A-2 - A copy of the Office Order No.HQ:ADMN:A.20(5)-3 dated 18.09.2007 issued by the Senior Head, Personnel & General Administration under the 1st respondent.
3. Annexure A-3 - A copy of the Office Order No.VSSC/EST/F/1(9) dated 30.09.2011 issued by the Senior Administrative Officer under the 3rd respondent.
4. Annexure A-4 - A copy of the Pay Slip for the month of July, 2016 in respect of the 1st applicant.
5. Annexure A-5 - A copy of the Pay Slip for the month of October, 2016 in respect of the 1st applicant.
6. Annexure A-6 - A copy of the Statement of Fixation of pay dated 25.08.2016 under Central Civil Services (Revised Pay) Rules, 2016 in respect of the 1st applicant.
7. Annexure A-7 - A copy of the Pay Slip for the month of December, 2016 in respect of the 1st applicant.
8. Annexure A-8 - A copy of the Office Memorandum No.A.12021/11/2016-1 dated 14.08.2016 issued by the 1 st respondent along with the Pay Matrix issued under Central Civil Services (Revised Pay) Rules, 2016 and Annexure 5B referred in the Office Memorandum.
9. Annexure A-9 - A copy of the representation dated 07.09.2016 submitted by the 1st applicant.
10. Annexure A-10 - A copy of the representation dated 26.06.2018 submitted by the 1st applicant before the 2nd respondent. -27-
11. Annexure A-11 - A copy of the Office Order No.VSSC/EST/F/1(9) dated 30.10.2012 issued from the office of the 3 rd respondent granting the Grade Pay of Rs.5400/- in the Pay Band of Rs.15600-39100 (PB-3) to the 2nd applicant.
12. Annexure A-12 - A copy of the Statement of Fixation of Pay dated 24.08.2016 under Central Civil Services (Revised Pay) Rules, 2016 in respect of the 2nd applicant.
13. Annexure A-13 - A copy of the representation dated 07.09.2016 submitted by the 2nd applicant before the 2nd respondent.
14. Annexure A-14 - A copy of the representation dated 26.06.2018 submitted by the 2nd applicant before the 2nd respondent.
15. Annexure A-15 - A copy of the Order No.VSSC/EST/F/1(9) dated 17.09.2015 granting the 3rd applicant the Grade Pay of Rs.5400/- in the Pay Band of Rs.15600-39100 issued from the office of the 3 rd respondent.
16. Annexure A-16 - A copy of the Statement of Fixation of pay dated 25.08.2016 under the Central Civil Service (Revised Pay) Rules, 2016 in respect of the 3rd applicant.
17. Annexure A-17 - A copy of the representation dated 07.09.2016 submitted by the 3rd applicant before the 2nd respondent.
18. Annexure A-18 - A copy of the representation dated 26.06.2018 submitted by the 3rd applicant before the 2nd respondent.
19. Annexure A-19 - A copy of the final order dated 01.01.2019 in O.A.No.1060/2018 of this Hon'ble Tribunal.
20. Annexure A-20 - A copy of the Office Memorandum dated 29.03.2019 issued by the 2nd respondent to the 1st applicant.
21. Annexure A-21 - A copy of the Office Memorandum dated 29.03.2019 issued by the 2nd respondent to the 2nd applicant. -28-
22. Annexure A-22 - A copy of the Office Memorandum dated 29.03.2019 issued by the 2nd respondent to the 3rd applicant.
23. Annexure A-23 - A copy of the Office Memorandum No.9/2/8/2003-V dated 02.01.2004 issued by the Department of Space, Government of India.
24. Annexure R-1(a) - A copy of the option submitted by the 1 st applicant.
25. Annexure R-1(b) - A copy of the O.M dated 10.07.2003.
_______________________________