Central Administrative Tribunal - Patna
Talebin Mia vs Labour Welfare Organization on 24 January, 2025
1
O.A. No. 051/00362/2022 & 8 ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
CIRCUIT BENCH AT RANCHI
O.A. No. 051/00362/2022, 364/2022, 365/2022, 366/2022,
367/2022,368/2022, 369/2022, 371/2022 & 372/2022.
Reserved on: - 20.01.2025
Pronounced on:- 24.01.2025
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR RAJVEER SINGH VERMA, MEMBER [J]
OA No. 362 of 2022
Talebin Mia, son of late Charkoo Mia and resident of Vill.+ P.O.-
Gontopa, P.S.-Govindpur, District- Dhanbad.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
OA No. 364 of 2022
Dilu Ram Mahato, son of late Maghlal Mahto and resident of Netwari
P.O.- Ojhadih Katania, P.S.- Tundi, District-Dhanbad, PIN-826109.
.........Applicant.
Versus
2
O.A. No. 051/00362/2022 & 8 ors.
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
OA No. 365 of 2022
Dija Pado Mondal, son of late Mahendi Mondal and resident of Dhaiya,
Kumhar Toli, Bartand P.O.- Bartand, P.S.-Bartand, District- Dhanbad-
PIN- 826001.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
3
O.A. No. 051/00362/2022 & 8 ors.
OA No. 366 of 2022
Tek Lal Mahato, son of late Sheo Chand Mahto and resident of Udaipur
Tola, Banglatand P.O.- Kalyanpur, P.S.- Barwadda, District- Dhanbad-
PIN-826004.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
OA No. 367 of 2022
M. Parmeshwar Rao, son of late M. Appa Rao and resident of Pillai
Apartment, 2nd Floor, Room No.1, Mahto Tola, Near R.L.C. Office,
P.O.-Jagjiwan Nagar, P.S.-Saraidhela, District-. Dhanbad- PIN-828127.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4
O.A. No. 051/00362/2022 & 8 ors.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
OA No. 368 of 2022
Amresh Mishra, son of late Dukhharan Mishra and resident of Flat No.
402, Shivam Apartment, "B" Block, P.O.- Jagjiwan Nagar, P.S.-
Saraidhela, District-Dhanbad-PIN-826004.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
OA No. 369 of 2022
Alkahi Mahtain, wife of late Bhikhari Mahto and resident of Chuna
Godam, P.O.- Saraidhela, P.S.- Saraidhela, District-Dhanbad-PIN-
826003.
.........Applicant.
Versus
5
O.A. No. 051/00362/2022 & 8 ors.
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.3
OA No. 371 of 2022
Nakul Mahato @ Nakul Mahato-II, son of late Moti Mahto and resident
of Purnadih Rajbhitha P.O.- Keska, P.S.- Keska, District-Dhanbad.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
6
O.A. No. 051/00362/2022 & 8 ors.
OA No. 372 of 2022
Kharoo Mahato, son of late Suchit Mahto and resident of at and P.O.-
Kalyanpur, P.S.-Barwadda, District-Dhanbad-PIN-826004.
.........Applicant.
Versus
1. The Union of India through the Secretary, Government of India,
Ministry of Coal, Shastri Bhawan, P.O. & P.S. Parliament Street, New
Delhi. Pin:-110001.
2. The Officer on Special Duty, Government of India, Ministry of Coal,
Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District: Dhanbad,
Jharkhand. Pin:-826003.
3. The Special Officer(W), Office of Officer On Special Duty, Ministry of
Coal, P.O. & P.S. Jagjivan Nagar, District Dhanbad, Jharkhand, Pin:-
826003.
4. The Pay and Accounts Officer, Central Pension Accounting Office,
Ministry of Finance, Department of Expenditure, Government of India,
TRIKOOT-II, Bhikhaji Cama Place, R.K. Puram, New Delhi, Pin:-
110066.
5. The Senior Accounts Officer, Regional Pay and Accounts office,
Ministry of Coal, Kalyan Bhawan, P.O. & P.S. Jagjivan Nagar, District:
Dhanbad, Pin-826003.
........Respondents.
For Applicants:- Shri Ratnesh Kumar.
For Respondents:- Shri Rajendra Krishna, ld. Sr. CGSC with
Shri Amit Sinha, ld. ASC.
ORDER
PER:- Kumar Rajesh Chandra, Member [A]:- Since the issues involved in the above OAs are similar, reliefs prayed for are almost identical and counsel for the parties are same, these are being taken up together for hearing and disposed of by a common order. For sake of convenience OA No. 262/2022 has been taken up as the lead case. 7
O.A. No. 051/00362/2022 & 8 ors.
2. The applicants of OA Nos. 362/2022, 364/2022, 365/2022, 366/2022, 368/2022, 369/2022, 371/2022, 372/2022 have prayed for the following reliefs:-
"(a) For issuance of a direction upon the respondents for calculation and payment of the differential amount of compound interest on the arrears of pensionary benefits by adopting the same method of calculation as has been adopted in the case of similarly placed co-employees namely Mohan Mahto and Others as in spite of a clear cut direction of this Hon'ble Tribunal (vide order dated 18.03.2016 passed in OA No. 051/73 of 2016 (Annexure-4) [order dated 04.08.2016 passed in OA No. 051/156 of 2016 in case of OA No. 368/2022 (Annexure-4 ) upon the Respondent No. 2 to consider the claim of the applicant in the line of the observation of the Hon'ble High Court in WP(S) No. 1288/2012 (Mohan Mahto & Ors. Vs. UOI & Ors.), the respondents while making the calculation for payment of compound interest on the arrears of pensionary benefits did not adopt the same method of calculation as has been adopted in the case of similarly placed co-employees, namely, Mohan Mahto & Others.
(b) Any other relief or reliefs may be allowed in favour of the applicant."
3. The applicant of OA No. 367/2022 has prayed for the following reliefs:-
"(a) For issuance of a direction upon the respondents for calculation and payment of differential amount of compound interest on the arrears of pensionary benefits by adopting the method of calculation as has been adopted in the case of similarly placed co-employees namely Mohan Mahto and Others.
(b) Any other relief or reliefs may be allowed in favour of the applicant."
4. Brief facts of the case, as per the applicants, are that they are ex- employees of the erstwhile Coal Mines Labour Welfare Organization (CMLWO in short). They were initially engaged on a muster roll/daily rated contingent paid basis and thereafter they were taken on regular strength in the Central Government service in erstwhile CMLWO. After abolition of CMLWO w.e.f. 01.10.1986 the services of the applicants were absorbed in Coal India Limited (CIL). However, such employees of CIL as like the applicants were entitled to get pro-rata pensionary benefits 8 O.A. No. 051/00362/2022 & 8 ors.
for the services rendered under Central Government provided they had fulfilled the condition of completion of minimum qualifying period of service, i.e. 9 years and 9 months in the erstwhile CMLWO prior to absorption in Coal India Limited.
4.1 After a long drawn litigation for grant of pro-rata pensionary benefits from the date of merger/transfer in CIL, this Tribunal vide order dated 23.12.2005 allowed in the case of applicant of OA No. 279 of 2014 which was challenged by the respondents before the Hon'ble Jharkhand High Court in WPS No. 803 of 2008 but the said writ petition was dismissed vide order dated 07.03.2008. The respondents' Civil Appeal No. 6200 of 2011 before the Hon'ble Supreme Court was also dismissed vide order dated 04.12.2014 (Annexure-1, 1/A and 1/B). 4.2 After the order of Hon'ble Supreme Court the applicants were granted the benefit of pro-rata pension and arrears of pension of different amounts vide Special Seal Authority of different dates (Annexure-2). 4.3 It is submitted by applicants that in a case of similarly placed employees the Hon'ble Jharkhand High Court vide its order dated 07.02.2014 (Annexure-3) in WP(S ) No. 1288/2012 [Mohan Mahto & Ors. Vs. UOI & Ors. arising out of order dated 08.03.2011 passed in OA No. 200/2009 (R)] remitted the matter back to the respondents by laying down guidelines for consideration of the matter. 4.4 It is alleged by the applicants that though pursuant to the aforesaid order of the Hon'ble Jharkhand High Court granted the benefit of pro-rata 9 O.A. No. 051/00362/2022 & 8 ors.
pension and paid the arrears of the pension along with compound interest to the petitioners of WP(S) No. 1288/2012 (Mohan Mahto & Ors. Vs. UOI & Ors.) who are similarly situated persons to the applicant, no compound interest was paid to the applicants of the above OAs on the arrears of pension and accordingly they approached this Tribunal in OA No. 73/2016 which was disposed of vide order dated 18.03.2016 (Annexure-4) with a direction upon the respondent no. 2 to consider the claim of the applicant in the line of the observation of the Hon'ble High Court in the said WP(S).
4.5 It is further alleged by the applicants that though compound interest on the arrears of the pension was paid to the applicants vide different Revised Special Seal Authority but the amount was far less than the amount paid to Mohan Mahto & ors. Applicants have described in para 4.11 of the OA the difference of compound interest than what was paid to Mohan Mahto and Others. It is admitted by the applicants that they have received more amount as arrears of pension than Mohan Mahto but the compound interest paid on the arrears of pension to the applicant was far less than Mohan Mahto.
4.6 Being aggrieved, the applicants moved this Tribunal in OA No. 1059/2018 but the same was withdrawn vide order dated 19.12.2018 with permission to prefer a representation for redressal of grievances. When the applicants' representations dated 17.01.2019, 30.03.2019 and 25.08.2019 (Annexure-7, 7/A and &7 /B) were not redressed they 10 O.A. No. 051/00362/2022 & 8 ors.
preferred OA 268/2021 which was also withdrawn vide order dated 12.07.2021 of this Tribunal with direction to file a separate OA by each applicant. Hence, the OAs.
5. The respondents no. 2 and 3 filed a written statement in which it is submitted that reason for less amount paid on account of interest on arrears can be best answered by the respondent no. 4 and 5 as the office of OSD, CMLWO only approves whether pension is payable or not and it is the office of RPAO which calculates the pension and payable arrears.
6. Respondent no. 4 and 5 have also filed written statement in which it is submitted that interest on the delayed payment of arrears of pension was calculated at the GPF interest rate prevailing from time to time during the period of arrears payable that is in accordance with Rule 65 of CCS(Pension) Rules, 2021 (Annexure R/1). It is further submitted that in the case of Shri Mohan Mahto the interest rate was calculated at the rate of 12% throughout the period, instead of reduced GPF rate from time to time fixed by Ministry of Finance and that is the reason why the said Mohan Mahto has been paid more amount as compared to the applicants inadvertently on account of mistake. Respondent No. 4 and 5 have also averred that the applicant has claimed this only on the basis of the fact that Mohan Mahto has been paid more interest on the arrears of the pensionary benefits than to the applicants which is not admissible because there cannot be any negative equality and accordingly prayed for dismissal of the OA.
11
O.A. No. 051/00362/2022 & 8 ors.
7. In the rejoinder, the applicants have reiterated the submissions as made in the OAs.
8. We have heard the learned counsel for the parties and perused the materials available on record.
9. Learned counsel for the parties during hearing have mainly argued on the basis of respective pleadings. Learned counsel for the respondents produced a copy of judgment of Hon'ble Supreme Court dated 07.02.2022 in Civil Appeal No. 1144 of 2022 (Arising out of SLP (C) No. 19059 of 2019) and Others reported in 2022 SCC OnLine SC 151 and submitted that if a wrong is committed in an earlier case, it cannot be perpetuated.
10. The admitted position in these OAs are that though compound interest on the arrears of the pension was paid to the applicants vide different Revised Special Seal Authority but the amount was far less than the amount paid to the similarly situated persons, i.e. Mohan Mahto & Ors. in pursuance of order dated 07.02.2024 of Hon'ble Jharkhand High Court in WP(S) No. 1288/2012 & Ors. It is also admitted by the applicants that they have received more amount as arrears of pension than Mohan Mahto but the compound interest paid on the arrears of pension to the applicant was far less than Mohan Mahto. The respondents no. 4 and 5 while fairly admitting that the interest rate was calculated at the rate of 12% throughout the period in case of Mohan Mahto instead of reduced GPF rate from time to time fixed by the Ministry of Finance, but the same 12 O.A. No. 051/00362/2022 & 8 ors.
was paid on account of inadvertent mistake and cannot be perpetuated. Rule 65(1) of CCS(Pension) Rules, 2021 deals with interest on delayed payment of gratuity, pension and family pension which reads as follows:-
" In all cases where provisional pension or provisional family pension or provisional gratuity has not been sanctioned in accordance with these rules or where the payment of pension of family pension or gratuity has been authorized later than the date when its payment became due, including in the cases of retirement otherwise than on superannuation, and it is clearly established that the delay in payment was attributable to administrative reasons or lapses, interest shall be payable on arrears of pension or family pension or gratuity at the rate and in the manner as applicable to General Provident Fund amount in accordance with the instructions issued from time to time.
11. Para 28 of the judgment of Hon'ble Supreme Court cited by the respondents as referred to above reads as follows:-
" 28. A principle, axiomatic in this country's constitutional lore is that there is no negative equality. In other words, if there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality. In Basawaraj V. Special Land Acquisition Officer, this Court ruled that :
"8. It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently or by mistake such an order does not confer any legal right on others to get the same relief as well. If a wrong is committed in an earlier case, it cannot be perpetuated.""
12. Going by the above principle laid down by Hon'ble Supreme Court, the decision of the respondents to calculate the compound interest on the arrears of pension at the GPF interest rate prevailing from time to time during the period of arrears payable as per Rule 65 of CCS (Pension) Rules, 2021 is wholly justified. Moreover, the respondents have categorically stated and fairly admitted in their written statement that Mohan Mahto & Ors. were paid more amount inadvertently on account 13 O.A. No. 051/00362/2022 & 8 ors.
of mistake by calculating the interest rate of 12% throughout the period instead of reduced GPF rate fixed by Ministry of Finance from time to time and the mistake committed cannot be perpetuated.
13. In OA No. 73/2016 filed by the same set of applicants (who are applicants of the present set of OAs) before CAT Patna bench, the operative part of the order that was passed reads as follows:
"Hence the OA is disposed of in the same line as adjudicated by Honourable High Court in WP (S)1288/2012 with a direction to respondent no. 2 to consider the claim of petitioner in the light of observation of the Honourable High Court, Jharkhand and to pass a speaking order on the entitlement of the petitioner after making necessary verification, within a period of four months from the date of receipt/ production of copy of this order."
14. Now if we look at the order of Honourable High Court of Jharkhand in WP(S)1288/2012, the operative portion reads as follows:
"We find sufficient grounds for interfering with the impeded order dated 08.03.2011 and accordingly the impugned order dated 08.03.2011 is set aside. The matter is remitted back to the respondent no. 2 , for considering the claim of the petitioners afresh".
15. There is no specific mention of grant of 12% rate of interest for the applicants of the instant OA, hence the plea taken by the counsel for applicant is not at all tenable.
16. In view of the above observation, all the above OAs deserve to be dismissed. Accordingly, all the above OAs are dismissed. No order as to cost.
Sd/- Sd/-
(Rajveer Singh Verma ) (Kumar Rajesh Chandra)
Member (J) Member (A)
Srk.