Central Administrative Tribunal - Delhi
Asha Chandra vs Department Of Personnel And Training on 22 April, 2022
1
Item No.7
OA No. 583/2022
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 583/2022
This the 22nd day of April, 2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Mrs. Asha Chandra, Age-59 years
Occ.: Administrative Officer
Office of Town & Country Planning Organisation
M/o Housing & Urban Affairs
E-Block, Vikas Bhawan
I.P. Estate, New Delhi-110002
Resident of: H-1, 1807, Jasmine Grove
Mehrauli, Ghaziabad
Uttar Pradesh-201002.
... Applicant
(By Advocate: Mr. Ajit Wagh)
Versus
1. Union of India
Represented by the Secretary (Personnel)
Department of Personnel & Training
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
North Block, New Delhi-110001.
2. The Secretary
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi-110001.
3. The Secretary to Government of India
Ministry of Housing & Urban Affairs
Nirman Bhawan, New Delhi-110011.
... Respondents
(By Advocate: Mr. Sanjay Singh for Mr. Rajpal Singh)
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Item No.7
OA No. 583/2022
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman The applicant is aggrieved by the order dated 05.03.2021 passed by the respondents, declining to consider the issue of anomaly occurred in 5th Central Pay Commission (CPC) recommendation in respect of the pay scale of Rs.8000-13500 against pre-revised pay scale of Rs.2200-4000, and the pay scale of Rs.7500-12000 against pre-revised pay scale of Rs.2500-4000. Hence, she filed the present O.A. seeking the following relief(s):
"a. Re-designate the single post of Administrative Officer in TCPO, Ministry of Housing and Urban Affairs from the present post of Administrative Officer Grade II group B gazetted to Administrative Officer Grade I (group A gazetted) or higher.
b. Place the Pay scale of the post of Administrative Officer in TCPO PB-3 Rs.15600-39100 plus grade pay Rs. 5400/- (as per 6th CPC) corresponding to Level 10 in the Pay Matrix (as per 6th CPC) corresponding to Level 10 in the Pay Matrix (Rs.56100-177500) of 7th CPC accordingly or higher.
c. Provide for the costs of the application. d. Any other and further orders as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed." 3 Item No.7 OA No. 583/2022
2. The applicant contended that she was promoted as Administrative Officer on 23.11.2017 and since then she became adversely affected by the said anomaly. Feeling aggrieved, she preferred several representations to various authorities in this regard, but to no avail. The applicant further contended that since the Anomaly Committee was for the time frame of one year, there was no occasion for her to challenge the same, and it was the duty of the Department to point out the same to higher authorities at appropriate stage.
3. Mr. Ajit Wagh, learned counsel for applicant submitted that the anomaly in revision of pay and consequential pay fixation is a continuous cause of action. Therefore, the limitation need not apply in the present case, in view of the settled principles of law.
4. Mr. Sanjay Singh, learned counsel appeared as proxy counsel for Mr. Rajpal Singh on behalf of the respondents on advance service, and submitted that the respondents referred a proposal to the Ministry of Finance for rectification of the anomaly of the 5th CPC recommendation relating to the pay scale and designation of Administrative Officer in Town & Country Planning Organization (TCPO), Ministry of Housing & Urban 4 Item No.7 OA No. 583/2022 Affairs. In response thereto, the Ministry of Finance vide order dated 05.03.2021 gave the following explanation:
"2. The matter has been examined in this Department. The 5th Central Pay Commission recommended the Pay Scale of Rs.8000-13500/- against the pre-revised pay scale of Rs.2200-4000/- and the pay scale of Rs. 7500-12000/- against pre- revised pay scale of Rs.2500-4000/-. The above recommendation of 5th CPC were based on a considered examination by the Commission which were subsequently accepted by the Government. It would be therefore, not appropriate to consider the issue at this stage as the procedure for consideration of anomalies arising out of implementation of respective CPC recommendations provide for the definite time frame for the same."
It is submitted that since the recommendations of the 5th CPC were based on a considered examination by the Commission, which were subsequently accepted and implemented by the Government long back and the procedure for consideration of anomalies arising out of implementation of respective CPC recommendations provide for a definite time frame, it is not possible to rectify the anomalies arising out of recommendation of 5th CPC, at this stage. Accordingly, the O.A. being hopelessly barred by limitation, is liable to be dismissed.
5. Today, we heard Mr. Ajit Wagh, learned counsel for the applicant and Mr. Sanjay Singh proxy for Mr. Rajpal 5 Item No.7 OA No. 583/2022 Singh, learned counsel appeared on behalf of the respondents, at the stage of admission.
6. On the merits of the case, the applicant is claiming re-designation of the post of Administrative Officer in TCPO, Ministry of Housing and Urban Affairs from the present post of Administrative Officer Grade-II (Group-B Gazetted) to Administrative Officer Grade-I (Group-A Gazetted) or higher, and to revise the Pay scale of the post in PB-3 Rs.15600-39100 plus grade pay Rs. 5400/- (as per 6th CPC) corresponding to Level 10 in the Pay Matrix (Rs.56100-177500) of 7th CPC. The Ministry of Finance vide letter dated 05.03.2021 clearly explained that anomalies arising out of implementation of respective CPC recommendations provide for a definite time frame only, and that it is not possible to rectify the anomalies arising out of recommendation of 5th CPC at this stage. Further, there has been considerable delay on the part of the applicant in filing this O.A., the same being not within the limitation period in accordance with provisions of Section 21 of Administrative Tribunals Act, 1985.
7. Moreover, the Hon'ble Apex Court has, time and again, reiterated that Tribunals should not indulge in 6 Item No.7 OA No. 583/2022 deciding pay scale matters and that it should be left to the executive to be decided on the basis of recommendation of the expert bodies like Pay Commissions.
8. In view of the above, the O.A. is dismissed being barred by limitation as well as lack of merits. There shall be no order as to costs.
( Mohd. Jamshed ) ( Manjula Das )
Member (A) Chairman
/jyoti/