Central Administrative Tribunal - Madras
K S Ganabady Supramaniane vs Ut Of Pondicherry on 18 July, 2024
_ ' aoe 1 O.A. 601/2013 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH, CHENNAI 0A.310/00601/2013 DATED thu DAY,THE !y " DAY OF JULY, TWO THOUSAND AND TWENTY FOUR CORAM : HON'BLE SHRI. VARUN SINDHU KUL KAUMUDI, MEMBER (A) HON'BLE SHRI. M. SWAMINATHAN, MEMBER (J) 1. K.S.Ganabady Soupramaniane Aged 63 years S/o. Soupramanian 108, Main Road, Varichikudy, Kottucherry, Karaikal; 2, D. Ashok Aged 55 years S/o, P. Dhanarajan. 4. Perumal Kovil Street, Nedungadu. Karaikal; 3. T. Radhakrishnan, Aged 63 years S/o. Thirunarayanan 19, 3 Cross Road, Nehrunagar, Karaikal: 4, R.Vimala, Aged 63 years D/o.T. Ramanujam 19-3" Cross Road, Nerhu Nagar, Karaikal. 2. ---V. Sundararajan Aged 59 years S/o. M. Veerasamy 8, V.G.Nagar, Kovilpathu, Karaikal. 10. il. 12. M. Mohandass Aged 55 years S/o. Muthaiyan, 20, Teachers Nagar, Karaikal; M. Mouttoupillai, Aged 64 years S/o. Murugatyan 4, 1" Cross, KMK. Nagar, Karaikal. A. Yunoose, Aged 61 years, S/o. Abdul Rashid 100/4, Lemaire St, Karaikal. M. Mourougayane, Aged 52 years, S/o A. Muthuvel Pathar, Karaikal Ammiyar School Street, Karaikal; G. Vinayagamoorthy, Aged 61 years S/o. Gurusamy Pillai 8, Veerasamy Naickar Street, Karaik; S. Nagarajan, Aged 60 years, S/o Somasundaram, 3, Kannadiar Street, Karaikal; S. Srinivasan, Aged 59 years, S/o. G.Subramanian, Manipattu Illam, 47, 3" Cross Street, Rafi Nagar, Karaikal. 0.4, 601/2013 13. 14. 15. 16, 17, 18. 19, S. Arunachalam, Aged 65 years, S/o. Singaravelu, 22, South Street, Thalatheru, Karaikal: C. Kaliaperumal Aged 62 years S/o. Couppusamy, No.21, 4" Cross, VOC Street, P.K.Salai, Karaikal; R. Elangovan Aged 64 years, S/o. A. Ramanathan 22, Second Cross, MMG Nagar, Karaikal: S. Rajendran, Aged 59 years, S/o. D. Singaravel 157, Surakudy Road, Thirunallaru: R.Gomathy @ Maithily D/o, Ramanujam lyankar, 9-ITI Cross, Nehru Nagar, Karaikal; R. Kaliaperumal Aged 66 years S/o. Rethiname 4, Subraya Mudaliar St, Karaikal. M. Manoharan, Aged 58 years,S/o. Maharajan, 3, Kuyavan Savady Lane, Keezha Oduthurai, Neravy, Karaikal. 0.A. 6041/2013 20. 21. 22. 23. 24, 25. 26. G. Govindaradjou Aged 62 years S/o. K. Ganapathy 56, Asiriyar Nagar, ITI Cross, Karaikal; K. Venugopalan, Aged 56 years, S/o. Kunjithapatham 40, A.M.Nagar, PK. Salai, G. Abhayambal, Aged 55 years, Wo. K. Venugopalan AO, A.M.Nagar, PK. Salai, Karaikal; MLK. Subramanian, Aged 72 years, S/o, Krishnamoorthy, Nitheeswaram Koil Street, Koilpathu, Karaikal; C. Arumai Durai, Aged 67 years, S/o. Cesil 82, Kamarajar Salai, Karaikal R. Murugesan, Aged 63 years, S/o. M. Rengasami, Melakothamangalam, Agarakondagai, Tittacherry; N. Usharani, Aged 53 years, D/o. K.S. Natarajan, 6, Perumal Koil Street, Neravy, 0.A, 601/2013 27, 28. 29, 30. 31. 32. Karaikal. K. Saraswathi, Aged 62 years, D/o. Kannu Reddiar, South Street Extension, Thalatheru, Karaikal: A. Gopalakrishnan, Aged 58 years, S/o. Arumugam 1, Sivan South Street, Neravy, Karaikal; L, Amuthavally Aged 52 years, D/o A, Lakshmanan, 27 Mela madam, T.R.Pattinam, Karaiakl; P. Kannan, Aged 53 years, S/o. R. Purushothaman, 32 Teachers Nagar, Karaikal: V. Djiva, Aged 61 years S/o. Vairacannou 37, Kumarapillai Street, Kottucherry, Karaikal; S.Nadaradjane, Aged 52 years, S/o. J. Sinouvassane 6, N.S.N.Iam Karaikal Medu Road, Karaikal; O.A. 601/2013 33. 34. 35. 36. 37. 38. K. Kaliamoorthy, Aged 58 years, S/o. Kathaperumal AQ, Pattamal Ulam Singaravelanar Salai, Karaikal; S. Magalingam, Aged 62 years, S/o. Sivagnanam, 16 Mudaliar st, Sellur, Thirunallar, karaikal; J. Ramaiyan, Aged 67 years, S/o. Jayaraman, 14, Green Garden, Varichikudy, Karaikal; R. Alamelu, Aged 61 years, D/o. Ramanathan 16, Kxishna Nagar, Punithavathiyar Street, Kovipathu, Karaikal. R.Sundararajan Aged 59 years, S/o. Ramanathan 38, IV Cross, Nehru Nagar, Karaikal; R. Jambukesevan, Aged 58 years, S/o. R. Rethinam 40/1, Thirunallaru Road, Karaikal. 0.A, 601/2013 39. 40, 4]. 42. 43. 44, R.Sugumaran, Aged 60 years, S/o. Rajavelu P.S.R. Nagar, Pachur, Karaikal. M, Ganesan, Aged 72 years, S/o. P. Murugaiyan 68, Vella Pillaiyar Koil Street, Kottucherry, karailkal. M. Jayabalan, Aged 61 years, S/o. Mariappan 4. Kaleeswari Nagar, Edatheru, Keezhakasakudy, karaikal; R. P. Ganesan, Aged 52 years, S/o. Palanivelu 23, Main Road, Serumavilangai, Nedungadu, Karaikal; R. Rajendran, Aged 58 years, S/o. M. Ramaiyan 40, Mukkulam Street, Kottucherry, Karaikal; S. Manivasagam, Aged 60 years, S/o. R. Somasundaram 3, Thee pachiamman Koil Street, Thalatheru, karaikal; 0.A. 601/2013 45. 46, 47. 48. 49. 50. K. Thanalakshmi, Aged 62 years, D/o. Kunjithapatham 75, VOC Street, IV Cross, PHB Colony, P.K.Salai, Karaikal; K. Ramathilagam Aged 59 years, D/o. Krishnamurthy 52, Aravindar Street, Pondicherry; Arouna Aroume, Aged 60 years, D/o. Aroumainathan Arume 37, Kammalar Street, Karaikal; B. Ganesan, Aged 64 years S/o. Balasubramanian, 1, I Street, Vallalar Nagar, Karaikal; R. Narayanassamy, Aged 66 years, S/o. Rethinassamy 62, 3 Cross, Teachers Nagar, Karaikal. N. Radhakrishanan, Aged 63 years, S/o. Narayanasamy 64, Mukkulathu Street, Kottucherry, Karaikal. 0.4. 601/2013 31. 52, 53. 54, 55. 56. 37, M.Nagarajan, Aged 65 years, S/o M.Marimuthu, 19 North street, Thalatheru, Karaikal, S. Durairajalu, Aged 67 years, S/o Savarirajalu Naidu 11, North Street, Koilpathu, Karaikal. P, Munisamy, Aged 58 years, S/o. Ponnaiyan No.37, Vallalar Nagar, Karaikal; R. Velappane, Aged 68 years, S/o, Ramasamy 22, Perumal Koil North St, Neravy, Karaikal: A.Pushpanathan, Aged 69 years, S/o. Anthonimuthu 51, Thenkarai Street, Kottucherry, Karaikal M.Alline Aged 63 years, D/o. Manuvel 51, Thenkarai, Street, Kottucherry, karaial. S. Patchirajan, Aged 67 years, S/o. Srikantharamanujam, Srihari Niwas, 7, Pattai Road, Thirunallaru. Karaikal; 0.A. 601/2013 58. 59. 60. 61. 62. 63. 10 V. Mounissamy Aged 62 years, S/o. S. Veerappan, 607, West Street, Kilinjalmedu, Karaikal; Sellanchetty, Aged 68 years, S/o. Peramasamy 85, Colony Street, Kilinjalmedu, Thalatheru, karaikal; P. Anjappan, Aged 59 years, S/o, Peramasamy 159, Amman Koil Street, Keezhakasakudy medu, Kottucherry, karaikal; A. Egaloussamy, Aged 59 years, S/o. Aroquia Dasse 66, St. Francis Xavier St, Karaikal; K.A.Anwar Ali, Aged 61 years, S/o. K. Abdul Haleem 3/187, Pragramam, Thittacherry. Karaikal. G. Paquirissamy, Aged 56 years, S/o. R. Govindaraj Plot. No. 107, Thiruvalluvar Nagar, Patchur, Karaikal; 0.A. 601/2013 64, 65. 66. 67. 68. 69. 70 11 I. Avourvanadin, Aged 51 years, S/o. Irudayasamy 10, Jeevanantham St, Karaikal: R. Muthuramalingam, Aged 64 years, S/o. $8. Ramaswamy 28, Perumal koil North Street, Neravy, Karaikal: M. Jayalakshmy, Aged 61 years, D/o Sabapathy 28 Perumalkoil north street, Neravy, Karaikal: Damas Thiers, Aged 65 years, S/o. Damas Sandanasamy, 108, Gnanapragasam St, Karaikal: S. Sivaraj, Aged 65 years, S/o. Savuriraja Mudaliar 14/1, Mama Thambi Maricar St, Karaikal; A. Sandanassamy, Aged 54 years, S/o, Aroquiadasse, 34, Gnanapragasam St, Karaikal; K. Ramamoorthy, Aged 59 years, S/o. Krishnamoorthy 56, Mudaliar Street, Selloor, Thirunallaru. 0.A. 601/2013 71. 72. 73. 74. 75. 76. 12 A. Oumarany, Aged 55 years D/o. Aroumougame Umalaya 46,7" Cross, MMG Nagar, Karaikal. C. Daname, Aged 63 years, D/o. Caliappane 37/1, Oppilamaniar Koil St, Karaikal. M. Durairaj, Aged 65 years, S/o. Muniappa Pillai 26, Perumal Koil Street, Varichikudy. Karaikal; S. Natchiyar, Aged 57 years, D/o, M. Subramanian, 31, Mariam Colony, Seniar Kulam Street, Karaikal; S. Thiagarajan, Aged 63 years, S/o. Srinivasan, 6/181, Main Road, Thirukkalacherry, karaikal; S.Ganesan, Aged 53 years, S/o. Subramanian 4, Anandou Avenue Kumarappillai Street, Kottucherry, karaikal; 0A. 601/2013 77. 78. 79. 80. 81. 82. 13 K. Ramalakshmi, Aged 58 years, D/o. M. Kuppusamy lyer, S.A.Nagar, III Cross Street, Karaikal; S. Santha, Aged 59 years, D/o. Sankaradoss 82, III Cross, MMG Nagar, Karaikal: S. Kowsalya, Aged 58 years, D/o. Subrayalu 28, 1 Cross, Bharathi Nagar, Karaikal; S. Rajendran, Aged 57 years, S/o. Subramanian 39, Teachers Nagar, Karaikal. S. Gnanasekaran, Aged 58 years, S/o. Subramanian, No. 2, Thilagar Street, Ammaiyar Nagar, Keezhakasakudy, Kottucherry, Karaikal: T. Neelambal, Aged 54 years D/o. Thiayagarajan No. 2, Thilagar Street, Ammaiyar Nagar Keezhakasakudy, Kottucherry. Karaikal 0.A. 601/2013 $3. 84. 85. 86. 87. 88. 14 P. Paneerselvam, Aged 65 years, S/o. Ponnusamy 5, V Cross, Co-op Nagar, Keezhakasakudy. Karaikal; M. Lakshmikandan, Aged 68 years, S/o. Muthaiyapillai 60, lyyanar koil St, Ammaiyar Nagar, Karaikal; C, Coumarasamy, Aged 70 years, S/o. C. Calimuthu 16, North Street, Thalatheru, Karaikal;. P. Jothi Ramalingam, Aged 60 years P. Ponnusamy 91, Kothari Nest, Keezhakasakudy, Karaikal; P. Kumaraguru, Aged 68 years, S/o Pazhanivelu No.1,1 st lane Seniyarkulam street, Karaikal; R. Radha, Aged 51 years, D/o.N. Ramachandaran, 58/3 6" cross SA Nagar, Kamaraj Salai, Karaikal; 0A. 601/2013 89. 90. 91. 92. 93. 94. 95. 15 M. Sumathi, Aged 54 years, D/o. M. Malaiperumal Naidu 5, Nehru Nagar (Exte.) Nehru Nagar, Karaikal; N. Ramanujam, Aged 59 years, S/o Narayanasamy 51. V.G.Nagar, Koilpathu, Karaikal; M.Jayaraj, Aged 58 years, S/o K.Manickam 270 Main Road, Thakkaloor, Thirunallaru, karaikal; S. Pushpavally, Aged 63 years, D/o. N. Saminathan 26, P.K.Salai, Karaikal, S. Renganayaki, Aged 62 years, D/o. Sriramulu 14, Second Cross St, P.K.Salai, Karaikal: A.Marie leela, Aged 65 years, D/o, Arul David 30, IT Cross, P.K Salai, Karaikal: K. Singaravelu, Aged 62 years, S/o. Karunanithi 33, Vettaikara Street, Karaikal; 0A. 601/2013 96. 97, 98. 99. 100. 101. 102. 16 M.Syed Ahamed, Aged 56 years, S/o Mohamed sali 6 Teachers Nagar, Karaikal; S. Subramanian, Aged 61 years, S/o. G. Singaravelu 9, Subaraya Mudaliar St, Karaikal; C. Bala Subramanian, Aged 66 years, S/o. K.. Cadiressan 13, II Cross, Subbaya Pillai Nagar, Ammnalchattiram, Karaikal; G. Vanaja, Aged 55 years, D/o. V. Ganesan 24, Perumal Koil Street, Karaikal. C. Thangaiyan, Aged 60 years, S/o, Chinnapillai 35/1, Thiruvengadapuram, Nedungadu, karaikal; N. Selvaraj, Aged 64 years, S/o. S. Nadesan, V.0.C.Nagar, Thenkarai, Kottucherry, karaikal; G. Muthulakshmi, Aged 50 years, D/o. Govindasamy, 42, Main Road, Serumavilangai, Nedungadu, karaikal; 0.A, 60/2013 103, 104, 105, 106. 107, 108. 17 R.Jayabalan, Aged 60 years, S/o, Rethinam, 40 Valluvar street, Neravy, Karaikal; VY. Sumathi, Aged 57 years, D/o. Venkatachalam 32, Mahamagathopu St, T.R.Pattinam, karaikal; G. Savithri, Aged 53 years, D/o. Govindaraj Pillai, 26, Kamatchi Amman Koil Street, T.R. Pattinam, karaikal; J. Jacinthamary Josephine, Aged 56 years, D/o. John Sebastian 5, Church St, T.R.Pattinam, Karaikal; N. Mouttouletchoumy, Aged 62 years, D/o. Natesapillai, 36, P.K. Salai, Karaikal; S. Aravindam, Aged 67 years, D/o. Shanmugam, 26, South Street, Thirunallaru, Karaikal; 0.A, 601/2013 109. 110. 111. 112. 113. 114, 18 S.Dharmadevi, Aged 63 years, D/o. Shanmugam 24, South Street, Thirunallaru, Karaikal. P. Veerasamy, Aged 70 years, S/o. Perumal 39, Agraharam, Kottucherry, Karaikal; P. Perumalsamy, Aged 64 years, S/o. Periasamy, 10/4, Parvathiamman koil st., Poraiyar, R. Venkata Chalapathy, Aged 61 years, S/o. Rethinavelu, Villa Kumaran, 460, Main Road, Keezhakasakudy, Karaikal; Y. Arulraj, Aged 6] years, S/o, Yagappan 7, Nallathur Road, Kurumbagaram, Nedungadu. Karakal; N.Cailachenadane, Aged 61 years, S/o V.Nadarajan 29. Seniyar kulathu Street Karaikal; O.A. 6013/2013 19 0.A. 6013/2013 115. 8S. Candassamy, Aged 65 years, S/o. Subramanian, 23, Piliaiyar Koil St, Karaikalmedu Karaikal: 116. C. Marychetty, Aged 72 years, S/o. Cattane Chetty 28, Pillaiyar koil st., Karaikalmedu. Karaikal; 117. P.Nadanapatham, Aged 71 years, S/o. §.Pazhaniandy Mudaliar 6, Abirami Amman East Street, T.R.Pattinam, karaikal: 118. R.Govindarasu, Aged 62 years, S/o M.Renganathan 25, Abirami Amman South Street, T.R.Pattinam, karaikal. 119. M. Shanmugavelu, Aged 59 years, S/o. N. Marimuthu 135, Surakudy Road, Thirunallaru, karaikal; 120. &. Kaliaperumal, Aged 56 years, S/o. Srirangam, 274, Main Road, Thakkaloor, Thirunallar, karaikal; 121. 122, 124, 125. 126. 20 V.R.Subramanian, Aged 61 years, S/o. V. Ramu vanniar 10, Ramu colony, Surakudy Road, Thirunallar, karaikal; X. Thethiravu Amirtharaj, Aged 63 years, S/o. Xavier 20, Anna Nagar, Polican Street, Karaikal. . R.Velayudham, Aged 60 years, S/o. Ramasamy 18/1, Thiruvalluvar Street, Thalatheru, karaikal. R. Chitra, Aged 57 years, D/o. K.. Ragavan, 29, Subaraya Mudaliar St, Karaikal. S. Nagarethinam, Aged 67 years, D/o. Sinivassane 56, Ammalchathiram, Keezhaoduthurai, Karaikal; T. Sulochana @ Tayanayagi, Aged 55 years, D/o. M. Thiruvarasu Pillai 70, Thanthai Periyar Nagar, Seniyar Kulathu Street, Karaikal; 0.A. 601/2013 a1 0.A. 601/2013 127, A. Jayamary, Aged 62 years, D/o. 8. Anthonisamy 23, Three well Place South St, Karaikal; 128. R, Vittal, Aged 73 years, S/o K. Ramasamy, 30, South Street, Thirunallaru; 129. G. Dharmalingam, Aged 60 years, S/o. Gopalakrishnan, 26. Teachers Nagar, Karaikal: 130. P.Ravi, Aged 51 years, S/o. N. Palanivel, 22, Pabanarishi Kovil Street, T.R.Pattinam, Karaikal; 131. T.Subramanian, Aged 61 years, S/o S. Thiyagarajan 7. Sivan koil street, T.R.Pattinam, karaikal ' 132. §. Rettiname, Aged 60 years, S/o. Shanmuga Sundaram, 30, V.G.Nagar, Karaikal. 133. V.Marimuthu, Aged 58 years, W/o. Velayudham, 18/1, Thiruvalluvar Nagar, Thalatheru, Karaikal; 134. 135, 136. 137, 138. 139. 22 K.Leelavathy, Aged 64 years, W/o. R.Kumaravelu, 11, Abirami Amman West St. T.R.Pattinam, karaikal R. Revathy, Aged 64 years, S/o. Ramachandran 58, 6" Cross Street, MMG Nagar, Karaikal; G. Suriamurthy, Aged 68 years, S/o. Govindasamy 3, SPL Colony, 5 Cross Nehru Nagar, Karaikal; A. Nagarajan, Aged 52 years, S/o. Appasamy, 61, Ambethkar Nagar, Thirunallaru, Karaikal; M. Malaikolunthu, Aged 61 years, D/o. Muthiya 8, S.A. Nagar, Kamarajar Salai, Karaikal; G. Maridoss, Aged 55 years, S/o. N. Govindasamy 52, Ill Cross, Pattammal Nagar, Karaikal. 0.A. 6021/2013 140, 141. 142, 143. 144, 145, 146. 23 k.Kannan, Aged 58 years, S/o, Kanagasundaram Mudaliyar Street, Selloor; K.S.Parakalan, Aged 70 years, S/o. Srinivasan 27, North Street, Kovilpathu, Karaikal; S. Girija, Aged 56 years, D/o. A.R. Subramanian 23, Perumal Koil Street, Kurumbagaram, Nedungadu, karaikal; R. Maliga, Aged 6lyears, D/o. Raja Pillai, 99, Kamarajar Salai, Nedungadu, Karaikal; K. Rajeswari, Aged 57 years, D/o. S. Krishnamurthy 59, 7" Cross, MMG. Nagar, Karaikal. N. Ramamirtham, Aged 58 years, D/o. Nandhagobalan 18, Main Road, Varichikudy, Karaikal. J.Babiolamary, Aged 59 years, D/o. Jayakkannu Pillai, I* Cross, Ganapathi Nagar, 0.A. 6021/2013 147. 148. 149. 150. 151. 24 Lemaire Street, Karaikal; J. Kangasekaran, Aged 56 years, S/o. K. Jayaram 16, Kamaraj Nagar, Varichikudy Karaikal; R. Govindasamy, Aged 59 years, S/o. Rajadurai 11, Perumal Koil Street, Kurumbagaram, Nedungadu, Karaikal. K.Ranganatha lyenkar, Aged 68 years, S/o. S. Krishnamoorthy 8, Sivan Sannathy Street, Neravy, Karaikal; A. Avayambal, Aged 60 years, D/o. Ayyadurai, 102, Duplex Street, Karaikal; M. Rosalind Anthonyammal, Aged 61 years, D/o. A. Mariasusai Pillai, 128, Kamarajar Salai, Karaikal; 152. K.Subramanian, Aged 60 years, S/o Krishansamy, 11, Karukkalachery Road, Karaikal; O0.A. 601/2013 153. 154, 155. 156. 157. 158. 159. 25 S. Mathivanan, Aged 57 years, S/o. Sundhararasu 72, Kamarajar Salai, Karaikal. A.Clara, Aged 68 years, D/o. Aurl David 8, Vettaikara Street, Karaikal. G. Ammani, Aged 59 years, D/o. Gopalakrishnan 18, Hospital St, Nedungadu, Karaikal. K. Sarojini, Aged 59 years, D/o, N.Kaliappan 22, Kamarajar Salai, Nedungadu, Karaikal, T. Thirugnana Sambandam, Aged 69 years, S/o. R. Thangavel, 14, Perumal Koil St, Nedungadu, Karaikal; K.Chanemougame, Aged years, S/o Krichenane, 14, Nadu Theru, Pettai, Thirunallaru, Karaikal. M. Vasanthalakshmi, Aged 59 years, D/o, Magalingam 16, Subraya Mudaliar St, Karaikal; 0.4. 601/2013 160. 161. 162. 163. 164. 165. 166, 26 G. Barthasarathy, Aged 70 years, S/o. V. Govindasamy Naidu 9, North Street, Kottagam, Nedungadu, karaikal; R. Kaliaperumal, Aged 62 years, S/o Rengaiyan, 20, Perumal Koil Street, Thirunallaru, Karaikal:; P, Vidjeacoumary, Aged 59 years, D/o Parthasarathy 20, Perumal Koil Street, Thirunallaru, karaikal. P.Sinnathambi, Aged 61 years, S/o. Peramasamy, 368, West Street, Kilinjalmedu, Thalatheru, karaikal. M. Saroja, Aged 59 years, D/o. Muthusamy, C-6, Govt. Quarters, Nehru Nagar, Karaikal; Kk. Vally, Aged 66 years, D/o. Idumban Chettiar 14, Vallalar Nagar, Karaikal; 5. Ganesan, Aged 69 years, S/o. Sabapathy 157, Main Road, Varichikudy 0.A. 601/2013 167, 168, 169. 170. 171. 172. 27 Karaikal; k..Sundary, Aged 63 years, D/o Krishnamoorthy 157, Main Road, Varichikudy, Karaikal; S.Caliamourthy, Aged 63 years, S/o. Sudalaimuthu 5, Kamaraj Nagar, Varichikudy, Karaikal. R. Sowrirajan, Aged 64 years, S/o. Rajagopal 121, | Cross, MMG Nagar, P.K.Salai, Karaikal; A. Arockiadass, Aged 61 years, S/o. V. Anthonisamy, No.118, Danyillam, Keezhaoduthurai, Neravy, Karaikal; M.Sakthimohan, Aged 64 years, S/o. Muthukumarasamy, 39, Perumal Koil Street, Varichikudy, Karaikal; V. Caliaperumal, Aged 64 years, S/o. Veerappan, 28, Subraya Mudaliar St, Karaikal. 0.A. 601/2013 173. 174. 175. 176. 177, 178. 179. 28 VY. Gounapouchany, Aged 65 years, D/o. Veeran Chettiar 11, Vallalar Nagar, Karaikal; D.Segaran, Aged 59 years, S/o. Detchinamurthy, 28, V.G.Nagar, Koilpathu, Karaikal; M. Arivazhagan @ Sivasamy, Aged 52 years, S/o. Munusamy 24, Periyar Nagar Salai, Neivacherry, Karaikal; N. Pushpanathan, Aged 56 years, S/o. Narayanasamy 15, I Cross, Balaji Nagar, Karaikal. M. Nagarethinam, Aged 60 years, D/o. Muthukumarasamy 7, Pattammal Nagar, Seniar Kulathu Street, Karaikal; V.Jegadeeswary, Aged 60 years, D/o. Vaiaboury, No.12, Subraya mudaliar St, Karaikal. M. Louis Jayasingh, Aged 64 years, S/o. Mary Louis, 40, Vallal Seethakkadhi St, Karaikal; 0.A, 601/2013 180, 181. 182. 183, 184, 185. 29 R.Pichumani, Aged 59 years, S/o. Ramachandiran No.37, Perumal Koil Street, Varichikudy, karaikal. V. Kalyanasundaram, Aged 61 years, S/o. Vellaba Sasthirigal No.9, Mariam Colony, Karaikal. V. Packirisamy, Aged 64 years, S/o. Veerappan, No.9, Yadhaval Street, Poovam. K.Mathivannan, Aged 62 years, S/o. Abirami Amman South Street, T.R.Pattinam, karaikal S.Velu, Aged 64 years, S/o. Shanmugam 57, 1 Cross, Nehru Nagar, Thalatheru, Karaikal; 8S. Christian Damas, Aged 63 years, S/o. Sandanasamy damas, 108, Gnanapragasam Street, Karaikal; 0.A. 601/2013 186. 187. 188. 189. 190. 191, 192. 30 M. Mariammal, Aged 62 years, D/o. V. Muthusamy 25, Nithiswaram Agraharam Kovilpathu, Karaikal. G. Gurumurthy, Aged 67 years, 8/o. Govindharaju Pillai 131, Surakudy Road, Thirunallaru, Karaikal. Abdul Azeez, Aged 65 years, S/o. Sheik Moheideen, 15, Pallivasal Street, Thirunallaru, Karaikal. I. Lakshmi, Aged 60 years, D/o. Irulappan 149, Kamarajar Salai, Karaikal. K. Latchoumy, Aged 65 years, S/o. Ramachandran 22, Chinnakannu Chetty St, Karaikal. Saradamballe, Aged 61 years, D/o. N. Seetharaman 14, V.G.Nagar, Ii Cross, Thalatheru, Karaikal. S.Saraswathy, Aged 60 years, S/o. M. Singaram 118, Dani illam, Keezha oduthurai, Karaikal; 0.A. 6013/2013 " wet - 193. 194. 31 A.Sambandam, Aged 65 years, S/o. Amirthalingam 99, Main Road, Surakudy, Karaikal. S. Anbalagan, Aged 60 years, S/o. P.K. Samy 39, III Cross, | Murugaramu Nagar, Karaikal. 195. G. Shanmugarn, 196, 197, 198. Aged 68 years, S/o. Govindaraj 97/35, Veerappillai Street, Poraiyar; V.Ramachandramoorthy, Aged 66 years, S/o. S$. Velayudham 24, Agraharam Salai, surakudy, Thirunallaru, Karaikal. M. Arokiasamy. Aged 64 years, S/o. Michael 3, Anna Street, Surakudy, Thirunallar, Karaikal. G. Ramamoorthy, Aged 51 years, S/o. Gopalakrishnan 39, Thenkarai Street, Kottucherry, Karaikal; 0.A. 601/2013 199, -- 200. 201. 202. 203. 204. 32 G. Ragupathy, Aged 69 years, S/o. Govindaraju 190, Main Road, Varichikudy, Karaikal; V.Gubendran, Aged 65 years, S/o. Vaithilingam 12, Karukkalacherry Road, Karaikal. G. Kaliaperumal, Aged 63 years, S/o. Govindhasamy 86/1. Main Road, Vizhidtyoor, Thirunallaru, karaikal; N. Balu, Aged 59 years, S/o. Nallathambi 35, A.M.Nagar, P.K.Salai, Karaikal. N.Rengarajan, Aged 56 years, S/o. Nagarajan 6, Udhyam Nagar, Vettaikara Street, Karaikal; G, Sathiamoorthy, Aged 68 years, S/o. Govindasamy 6, Melatheru, Poon. Mangalam, Thirunallaru. O.A. 6013/2013 " 205, 206. 207. 208. 209. 210. R. Veeraiya, Aged 59 years, S/o. Ramakrishnan 339, Bharathiyar Road, Kovilpathu, Karaikal S. Shanmugavadivu, Aged 60 years, D/o. $.K. Muthu 4, Bye Pass Road, Karaikal. K. Vaijayanthimala, Aged 56 years, S/o. V. Kannappan 67, Akkaraivattam Salai, Nathaji Nagar, Karaikal. 3. Punidhavalli, Aged 59 years, D/o. V. Subbiah Pillai 16, Sannathi Street, Thirunallaru, Karaikal. R.Natarajan, Aged 66 years, S/o. Rethinam 52, Il Cross, P.K Salai, Karaikal. VY. Santhi, Aged 47 years, D/o. Venkatachalam 32, III Cross, Subayapillai Nagar, Ammalchattiram, Karaikal. 33 0.A. 601/2013 211. 212, 213, 214, 215. 216. 34 B. Gowri, Aged 68 years, D/o. Balakrishnan 2, Achiammal colony, Varichikudy, Karaikal. G. Ramakrinshan, Aged 69 years, S/o. Govindarasu 16, Mariamman Koil Street, Thiruvettakudy, Kottucherry, Karaikal. R. Virassamy, Aged 67 years, S/o. P.Rengasamy 139, 1* Main Road, Rajathi Nagar, Karaikal. N. Jamuna, Aged 55 years, D/o. Nagaraja Rao 1/189, Brinthavan Street, Srinivasapuram, Mayiladurai; S. Vimalabai, Aged 65 years, D/o. Sundaramoorthy 1, Kumaran Nagar, Surakudy Road, Thirunallaru. S. Kaliaperumal, Aged 60 years, S/o. K. Samicannou 9, Melatheru, Mela Oduthurai, Nevary. Karaikal. O.A. 601/2013 35 0.4. 601/2013 217. P. Muthulakshmi, Aged 60 years, D/o. P.Ponnan 20, Anna Street, Malaiyappa Nagar, Trichy -- 10; 218, K. Kessavasamy, Aged 69 years, S/o. Krishnasamy 19, P.K.Salai, Karaikal. 219. M. Sivasubramanian, Aged 60 years, S/o. Muthusamy F.2, Sterling Garden, 14, Vidhyodhaya I Street, T.Nagar, Chennai-17. 220, P. Rajamanickam, Aged 67 years, S/o. 8. Paramasivam 1, Vayalkarai Street, Karaikal. 221. P, Palanivelu, Aged 64 years, S/o, Panchanathan 12, Teachers Nagar, Karaikal. 222. S.Sivakumar, Aged 57 years, S/o A.Sabapathy 19, 3 Cross, Mookambigai Nagar, Ist Main Road, Nainar Mandapam, Puducherry; 223. S. Pajany, Aged 58 years, S/o Subramanian 224. 225. 226. 227. 228, 229. 36 5 Thirumoolar Nagar, Mudaliyar pet, Puducherry. M. Kuppusamy, Aged 57 years, S/o. Muthukrishnan 45, Yamunai Street, Vasantham Nagar, Arumparthapuram, Pondicherry; R. Ramachandran, Aged 70 years, S/o. Raju 15, Mariamman Koil Street, Old Saram, Pondicherry. R.Sandaravadany, Aged 54 years, D/o. A.Radha Krishnan 2/6, 7" Cross, Thanthai Periyar Nagar, Puducherry G. Kasthuribai, Aged 60 years, D/o. M, Gurusamy 12. Kambar Street, Sudhana Nagar Nainar Mandapam Puducherry-4 K. Mangaiyarkkarasi, Aged 66 years, D/o. Vedhapuri Pillai 2, Praveena lam Muthusamy Pillai North St, Kottucherry, karaikal; J. Barathan, Aged 63 years, S/o. Jayaraman 20, Thambu Naicker Street, 0.A. 601/2013 230. 231. 232. 233. 234. 235. 37 Pondicherry. G.Kasper, Aged 62 years, S/o Gnanaprakasam 51 Subaiya Street, Azees Nagar, Reddiar Palayam, Puducherry; 8. Sakunthala, Aged 62 years, D/o. P.Subbarayan 14, ITi Cross, Thanthai Periyar Nagar, Ellaipillai Chavady, Pondicherry; S. Kandavelu, Aged 66 years, S/o. Sundaram 47/22, Subramaniar Koil Street, Valavanur, Villupuram Dt. Rassou Radakichenane, Aged 65 years, S/o. Rassou Coupoussamy 3, 1 Cross, Parasuramapuram, Villianur, Pondicherry. A. Govindarassu, Aged 67 years, S/o. Arunasalam 19, III Cross, Thiriveni Nagar, Manaveli, Villianur, Pondicherry. B.Kubendra Chettiar, Aged 66 years, S/o. Bangaru Chettiar 31, Pillaiyar Koil Street, Madagadipet, Pondicherry. 0.4. 601/2013 236. 237. 238. 239. 240. 241. 242, 38 M. Cannaya Chetty, Aged 65 years, S/o. Mannarou @ Ethirajalou 18. Thirukanji Strret, Kanupet, Villianur, Pondicherry; R. Prabavathy, Aged 6] years, D/o. Ramasamy lyer, Agraharam, Thalaiyur, Pavattakudy; N. Djeamangalame, Aged 55 years, D/o. V. Krishnamoorthy 4, Perumal Koil Street, Nedungadu.karaikal. K. Subramanian, Aged 51 years, S/o. Kasambu II Cross, 1, Rajiv Nagar, Pudu Nagar, Keezhakasakudy, Kottucherry, Karaikal; M. Selvaradjane, Aged 58 years, S/o. Mourougesane 123, 1 Cross, MMG Nagar, Karaikal 5. Rajendran, Aged 52 years, S/o. Seenivasan 6/10, Dr. Ambethkar Street, Karaikal A. Marimuthu, Aged 51 years, S/o. Arumugam 14, Pattammal Nagar, Karaikal. 0.A. 601/2013 243. 244, 245. 246. 247. 248. 39 P. Ramalingam, Aged 65 years, S/o. Perumal 8, Sivan Koil Street, Keezhakasakudy, Karaikal. R. Jayabal, Aged 63 years, S/o. Ramaiyan 54, Kamarajar Salai, Nedungadu, Karaikal; M. Selvaraj, Aged 60 years, S/o, Mahalingam 10 West Street, Keezhakasakudy, Karaikal; P. Jankiraman, Aged 61 years, S/o. Pakkirisamy 36, Mudaliar Street, Sellur, Thirunallaru, karaikal. S. Arunagiri, Aged 52 years, S/o. Santhaiyan 78/8, Mamathambi Maricar St, Karaikal; M. Thangarasu, Aged 61 years, S/o. Mannathan 4, East Street, K.R.Palayam Thirukkanoor, Pondicherry; 0.A. 601/2013 249. 250. 251, 252. 253. 254. 40 J. Rajendiran, Aged 65 years, S/o. Jayaraman 10, Il Cross Street, Perumalpuram/ Villianur, Pondicherry; S. Diagaradjane, Aged 66 years, S/o. Sathivel 29, V Cross, Dr. Radhakrishnan Nagar, Pondy. D. Gunasekaran, Aged 62 years, S/o. Dhanabal 1, Patchaivazhiamman Koil St, Kanniakoil, Bahoor, Pondy. K. Thandapani, Aged 60 years, S/o. Kalia Nattar, 2, Vanidasan Street, Kirumampakkam, Pondicherry; B. Rajendran, Aged 61 years, S/o. Balakrishnan 31, South Street, Pooranankuppam, Pondicherry. S. Varadharajan, Aged 62 years, S/o. Sithanandam 20, Elango Nagar, Kirumampakkam Pondicherry; 0.A. 6021/2013 255. 256. 257, 258. 259, 260. 41 V. Selvaraju, Aged 60 years, S/o. Varadharaju 10 If Cross, Srinivasa Nagar, Ariyankuppam, Pondicherry; R. Kaliaperumal@Govindarajalu, Aged 64 years. S/o. Ramasamy, 49, Pillaiyarkuppam St, Kirumambakkam, Bahoor, Pondicherry; N. Sivasankaran, Aged 63 years, S/o. Narayanasamy 4, Pillaiyarkuppam St, Kirumambakkam, Bahoor, Pondicherry; E. Devanathan, Aged 62 years, S/o. Ezhumalai 14, Bahoor St, T.N.Palayam P.O., Pondicherry. S. Janarthanan, Aged 61 years, S/o. R. Sithanandam 25, Pillaiyar Koil St, Vaithikuppam, Pondicherry. M. Kengadaran, Aged 63 years, S/o. Murugesan 24, Dhayanand St, Indira Nagar, Mudaliarpet, Pondicherry; 0.A. 601/2013 261. 262. 263. 264. 265. 266. 42 S. Keerthivasan, Aged 57 years, S/o. Subramanian 1, Fathima Complex, P.K.Salai, Karaikal; V.Kalidass, Aged 64 years, S/o. Venugopal 11 Hospital Staff, Nedungadu, karaikal K.Santhaanam Aged 63 years, S/o. Kanagasundaram, Sri Bala' 17, Nalankulam Street Thirunallaru, Karaikal. K.Sakthivelu, Aged 61 years, S/o. Kuppannapillai, Sankaravillam, 9, Pettai road, Thirunallaru, karaikal. k.Rajendran, Aged 56 years, S/o. Krishnasamy, 60, Market Steet, T.R.Pattinam, Karaikal. S.Ravindrane, Aged 56 years, S/o. Sundararasu, 5, Arisikara Street, T. R.Pattinam, Karaikal, 0.A, 601/2013 267. 268, 269. 270, 271. 272. S.Kasturi, Aged 58 years, D/o Sundararasu, 107, 9" Cross, MMG Nagar, Karaikal. R.Palanivelu, Aged 65 years, S/o. Rethinasabapathy, Abiramiyamman East Street, T.R.Pattinam, Karaikal. G.Malini, Aged 58 years, D/o. Govindasamy, No.56, P.S.R Bhavan, Athipadugai road, Thirunallar, Karaikal. R.Arumugam, Aged 61 years, S/o. Ramalingam, Abriramiyamman East Street, T.R.Pattinam, karaikal. T.Arockiyadass, Aged 62 years, S/o. Thetraravusamy, No.4, Maruthi Nagar, Thirunallar, Karaikal;: M.Karunanithi, Aged 61 years, S/o. Muthaiyapillai, 10, Kamalambal Nagar, Thirunallar, karaikal. 43 0.A. 601/2013 273. 274, 275. 276, 277, 278. M.Selvaraju, Aged 59 years, S/o. Murugaiyan, 140, Kothandarajapuram, Thittacherry. 5.Asokanm Aged 64 years, S/o. Somasundaram, 4, Mariyamman kovil Street, T.R.Pattinam, karailkal; M. Sivapackiyam, Aged 67 years, D/o. Madasamy, 274, Barathiyar road, Karaikal. S.Pushpam, Aged 64 years, D/o. R.Sowrirajalu, 36, IIJ Cross Murugaram Nagar, Karaikal. D.Nadarajan, Aged 61 years, S/o. K.Doraisami, 46, Umalaya 7th Cross, MMG, Nagar, Karaikal. S.Krishnaveni, Aged 53 years, D/o. Subramanian, 02, Mariamman Kovil Street, Karaikal. 0.A. 601/2013 279, 280. 45 0.4. 601/2013 M.Selvarassou, Aged 70 years, S/o. Marimuthu, 8, Neivacherry, Thirunallaru, Karaikal. N.Ganapathy, Aged 64 years, S/o.Nadarajan, 10/30 Iyyanarkovil Street, Poraiyaar. wee Applicants (Advocate: M/s. R. Vaigai} Versus Union of India Rep. by the Union Territory of Puducherry Through its Secretary, Chief Secretariat (Education) Government of Puducherry Puducherry. Government of India represented by its Director (UT), Ministry of Human Resources Development, Department of School Educational and Literacy, 'B' Wing, Shastri Bhavan, New Delhi ~ 110001 we eveeeee Respondents (Advocate: Mr. R. Syed Mustafa} 46 O.A. 601/2013 ORDER
(Hon'ble Shri M. Swaminathan, Member(J) Through this Original Application, the applicants are seeking the following relief:-
"ft is prayed that this Hon'ble Tribunal may be pleased to direct the respondents to grant two ACPs to the applicants from their senior scale or selection scale, respectively, as per "The Assured Career Progression Scheme for Central Government Civilian Employees, 1999" as notified in O.M. dated 9.8.1999 issued by the Government of India, Ministry of Personnel Public Grievances and Pensions (Department of Personnel and Training) read with G.O(Ms.) No.77, dated 3.9.2007 issued by the Government of Pondicherry, with all arrears of pay and consequential benefits and pass such other orders as are necessary to meet the ends of justice."
2. The brief facts of the case, in a nut shell, are as follows:-
i) The applicants have been employed as Teachers in government schools in the Union Territory of Puducherry and posted in the schools at Karaikkal and Puducherry. They entered service as Primary School Teachers, Trained Graduate Teachers, Physical Education Teachers, Technical Teachers or School Librarians. Almost all of them have had long years of service and a few of them have even retired. Charts containing the names of the applicants with their service particulars are annexed to the OA as Annexure -Al-A,and Annexuere-Al-47 0.A. 601/2013
B. Their grievance in the present application is that the respondents have denied them the benefit of the 'Assured Career Progression Scheme for the Central Government Civilian Employees, 1999". The scheme was formulated, in order to mitigate hardship in cases of acute stagnation of the employees.
it) The next promotion for Primary School Teachers is to the post of Head Master. A Teacher in the selection grade alone is entitled to be promoted as Head Master. Recruitment Rules for the post of Head Master is annexed herewith as Annexure-A2. Thus a Teacher in the entry grade of School Teacher is not eligible for being promoted as Head Master. It may be noted that the pay scale of Selection Grade for School Teachers was revised after the 5" Pay Commission to Rs.5500-9000. The same scale was also given to the Head Masters. In other words, the selection grade scale was equal to the pay scale given in the hierarchy for promotion.
iil) On 12" August, 1987, in order to mitigate the long stagnation of teachers in the entry grade, the Government of India introduced a Time Bound Scheme to confer senior scale/selection scale to teachers. The Scheme was effective from 1.1.1986. Under the scheme, teachers at the entry grade who had put in 12 years of service were entitled in a time bound manner to be placed in the senior scale of pay. Similarly, after 24 years of service, those in the senior scale were entitled automatically to be placed in the selection grade scale of pay. The 48 0.A. 601/2013 applicants had been granted the senior scale and or selection scale pursuant to the Time Bound Scheme and as per the scheme, such placement is not treated as promotion and hence their pay was fixed under F.R. 22 (1)(a)(2). One such order dt. 23.4.1990 passed in favour of a few of the applicants is annexed to the OA as Annexure-A3.
iv) However, teachers in senior scale were promoted as Head Masters, their pay was fixed higher in the promotional post as per 'FR.22 (1)(a)(1)' even though their pay in the promotion post was equal to the pay they were already drawing in the senior scale. Copy of the order dt. 25.1.2005 stating this is annexed to the OA as Annexure-A4.
v) Later, in order to further mitigate the plight of employees who were stagnating for long in the same post, the Central Government introduced the "Assured Career Progression Scheme for the Central Government Civilian employees 1999". As per the scheme, an employee was entitled to financial upgradation, the first after 12 years of regular service and the second after 12 years of regular service from the date of the first financial upgradation. A copy of the Office Memorandum dt.9.8.1999 issued by the Central Government formulating the said scheme (refer to as the ACP scheme hereinafter) is annexed to the OA as Annexure A-5,
vi) Unfortunately, though all other government servants were granted the benefits of the ACP Scheme soon after 1999, the Government chose to apply the 49 0.A. 601/2013 scheme to the teachers only in the year 2007. G.O. Ms. No.77 was issued by the Government of Puducherry on 3.9.2007 extending the implementation of the ACP Scheme to teachers with effect from 9.8.1999, Paragraph 4 thereof said, "the existing time bound scheme of conferment of senior scale/selection scale shall be deemed to have ceased to exist with effect from 9.8.1999". A copy of the said G.O.Ms.No.77 dt.3.9.2007 is annexed to the OA as Annexure-A6.
Vil) Soon thereafter, questions were raised in the Administration on whether teachers were entitled to fixation under F.R.22(1)(a)(1), mm view of the fact that the first upgradation under the ACP would be to Rs.5500-9000 which the teachers had already drawn under the Time Bound Scheme when they were granted the senior scale, Elaborate discussions were held at which, the Director of School Education, Deputy Secretary to the Government and several high level functionaries in the Education Department of the Government of Puducherry participated. The meeting decided that the grant of ACP to Teachers was long pending and urgent steps were needed to implement the same. A copy of the minutes of the meeting held on 27.5.2008 is annexed to the OA as Annexure-7. It may be noted that the meeting decided as follows:
"6. Major highlight was on the grant of I-ACP to teachers who have been conferred with Senior Scale and it 50 0.A. 6401/2013 was decided after a detailed discussion that, since conferment of Senior Scale to a teacher
a) Is not under the purview of FR22(a)(i) rules as envisaged in the Assured Career Progression Scheme
b) Can neither be treated as promotion
c) Nor could be treated as upgradation with notional increment benefit.
a) sf treated as an upgradation/promotion, it would incur a-loss to the individual, with reference to the FR22I(a)(i) fixation benefit (ie. notional increment benefit)
e) If under any circumstance, it is treated as an upgradation under FR 22-1(a)(i)/promotion and thereby confer ACP-II alone to him/her after completion of 24 years of service, the individual's genuine right under ACP Rules would be denied.
PD Further, treating it as an upgradation / promotion will provide no probability to regulate the pay scale before 01.01.96 and hence the only option available is to refix his/her pay as on 09.08.99 and thereafter, in the light of grant of Sr. Scale and promotion made 51 0.A. 601/2013 g if one and the same scale of pay thus all proposals will have a column indicating the details of the eligibility of ACP-I and I],
7. lt was accepted in the meeting that the benefits accrued by way of Senior Scale cannot be withdrawn at any cost, as it was the policy decision of the Government. Further, ZXC V citing the judgment of the Central Administrative Tribunal/Delhi High Court, it was decided that it would be appropriate to grant fixation benefits as I-ACP to the teachers of U.T. of Puducherry who have been conferred with Senior Scale prior to 09.08.99."
viii) The meeting also decided that Instructors will get 1* ACP at Rs.7500- 12000/- and 2™ ACP at 10000-15300. The Physical Education Teachers and Language Teachers were also considered entitled the ACP. It was noted that in Delhi, Orders were issued granting ACP.
ix) Thereafter, the first respondent Government issued two orders dt. 5.9.2008 by which 23 Primary School Head Masters were granted first and second financial up gradation of pay scales under the ACP scheme. The order said that the first ACP and the second ACP shall be awarded with effect from 9.8.1999 under which they will be placed on 5500-9000 (ACP I) and then at Rs.6500-10500 (ACP Il). The fixation benefits was given as per FR 22(1)(a)(1). Copies of the said two 52 0.A. 6021/2013 orders dt.5.9.2008 are annexed to the OA as Annexure-A8 and A9 respectively. However, the aforesaid 23 Headmasters were not actually paid the upgradation and pay fixation as ordered on 5.9.2008. All the applicants herein are on par with the said 23 Head Masters, but no orders were passed in their favour. On enquiry, the applicants learnt that the Government was actually considering to cancel the grant of ACP I and If because of certain doubts raised by the Director of Accounts. One of the applicants therefore represented under the Right to Information Act for information in this regard. He received a reply dt. 01.02.2011 enclosing a note dt. 30.10.2008 of the Deputy Director of Treasury of the Puducherry Government indicating that the pay already granted to the teaching staff for the Senior scale/Selection scale has to be nullified first and their pay has to be fixed notionally in the entry grade scale and then ACP I and IJ have to be granted from such entry grade scale and not the Senior scale/Selection scale that was already granted to them. A similar reply was given on 16.12.2008 to another applicant G. Janardhanan. Copies of the aforesaid letters dt. 16.12.2008 and 30.10.2008 along with the covering letter dt. 01.02.2011 are annexed to the OA as Annexure-10, Annexure -1 1 and Annexure - 12 respectively.
x) On learning about such a decision, the teachers represented to the first respondent Government providing justification for the grant of ACP scheme from the Senior Scale. Based on their representation, on 13.8.2009, the Pondichery Government wrote to the Government of India pointing out that the pay benefits 53 0.A. 601/2013 accorded to the teachers up to 9.8.1999 under the Time bound scheme cannot be recovered, The Government said when the teachers were given Senior Scale, no higher fixation was given under FR 22 (1)(a)(1). The first respondent, Puducherry Government pointed out in its letter that as far as the Primary School Teachers are concerned, both the Senior Scale and the regular promotion post of Head Master were in the same scale of Rs.5500-9000. Hence their case was covered by clarifications NO. Mo.47 to the ACP Scheme, which said:
47, An employee was allowed|No. It will only be a switchover from promotion in a higher grade in terms of/the existing scheme to the ACP Scheme the Ministry of Finance O.M. No.jas on 9.8.1999. While determining his 1OQ1VE.I1/88 dated September 13,j/entitlements under ACPs on or after 1991. However, on introduction of|/9.8.1999, pay benefits already drawn ACPS, the benefit of the said O.M. is to|upto 9.8.1999 in the higher grade be withdrawn so as to allow the benefits|allowed under the Scheme of September under the ACPS in terms of the|13, 1991 are not to be recovered".
stipulation that no time bound promotion scheme can run concurrently with the ACPS. Will the benefit of:
higher grade drawn prior to 9.8.1999 will also be withdrawn?
x1) The Puducherry Government therefore concluded that any interpretation otherwise would be contrary to the spirit of the ACP Scheme and denying the employees of one half of the benefits intended by ACP i.e. fixation 54 O.A. 601/2013 under FR 22(1)(a)(1). Finally the Puducherry Government requested the Central Government to issue an order to the effect that the benefit of FR 22 (1)(a)(1) "may be granted on the scale drawn by the teachers as on the day of eligibility for ACP".
A copy of the said letter dt. 13.8.2009 is annexed to the OA as Annexure-Al3. The applicant also annexed the relevant extracts from Office Memorandum dt. 18.07.2001 issued by the Central Government containing all clarifications regarding the ACP Scheme as Annexure-A14.
xii) Significantly, despite the fact that the ACP scheme said clearly that any Time Bound Scheme for financial upgradation that was in vogue earlier would be withdrawn when the ACP scheme was introduced, on 25.8.2009, the Puducherry government issued an Office Memorandum granting selection grade to some of the applicants. A copy of the said memorandum dt. 25.8.2009 is annexed to the OA as Annexure-A15.
xiii) The Central Government replied to the Puducherry Government on 29" September 2009. It differed with the Puducherry government that the pay of teachers who had already been granted senior or selection scale would be fixed on the grant of ACP with reference to the pay fixed in the Senior Scale. Similarly, it said that the second financial upgradation to the Headmasters (Primary) may be regulated and they may be placed in the immediate higher grade of Rs.6500-10500. Not stopping with that the Central Government also said "fall in pay, if any, resulted on such fixation may be protected by granting personal pay to be adjusted 55 0.A. 601/2013 against future increments". A copy of the said letter dt. 29.9.2009 is annexed to the OA as Annexure-A16.
XIv) The Puducherry Government however saw the injustice behind the direction which would have resulted in reduction of our salary, instead of providing an up-gradation. It therefore sent another letter dt. 8.2.2011 to the Central Government stating that no pay should be recovered consequent on the grant of ACP. It therefore decided to take up the issue once again with the Central Government and resolve the same. A copy of the said letter dt.8.2.2011 is annexed to the OA as Annexure- A17,
xv) It may be noted that the purpose of ACP Scheme is to mitigate any hardship to the employees. Hence, Clarification No.1 issued vide Office Memorandum dated 10.02.2000 says even an earlier promotion should be ignored for grant of ACP as otherwise the employee would suffer. The respondents have completely ignored this purpose in denying the ACP benefits to the applicants. Xvi) The applicants submit that the teachers have been repeatedly by representing and agitating for the grant of ACP as given to all other employees' letters dated 19.11.2011 and 24.03.2012 written by one of the applicants is evidence of this (Annexure Annexure Al8 and 19). The letters addressed to the Central Government and the Puducherry Government, respectively, were replied to on 7.1,2012 and 2.4.2012 respectively. The Central Government said that remedial 56 .A. 6012/2013 action will be taken. Copies of the said letters dated 7.1.2012 and 2.4.2012, are annexed to the OA as (Annexure- A20 and Annexure-A21). Another letter dated 29.11.2012 was received by one of the applicants from the Government of Puducherry again stating that the grant of ACP is being examined by the government. A copy of the letter dated 29.11.2012 is annexed at ANNEXURE- A22.
xvii) The applicants submit that the Teachers in Karaikal and Puducherry are extremely upset over non-grant of ACP for so many years. They have held agitations and protests bringing attention of the authorities to their problems. In fact, the teachers are so much aggrieved that recently, they even decided to reject the meritorious teacher awards being given by the government. This was reported in all the news papers in Pondicherry on 6.9.2012.
XViii) Most importantly, the Puducherry government has informed them that it has been continuously taking up with the Central Government for grant of the 2 ACPs to Teachers. Recently, the Chief Minister, Mr. Rangaswamy made several announcements to the Press regarding teachers. One of them was that the Puducherry Government's representation to the Central Government for grant of ACP was under consideration. The Chief Minister's statement in this regard was reported in the Tamil Daily "Dinathanthi", Puducherry Edition dated 06.09.2012 xix) It is therefore clear that the decision taken in O. M. No.77, dated 3,9,.2007 to extend the ACP Scheme to the teachers has not been acted upon by the 57 0.A, 601/2013 respondents due to clarification being sought back and forth by the Puducherry and Central Governments. As late as on 6.9.2012, the Chief Minister has assured the teachers that the matter is being pursued. However, the teachers have not got any benefits, though all other government servants have been granted the ACP benefits from the year 1999.
Xx) The applicants submit that therefore the cause of action in this case is a continuous one, their grievance is a continuing one and the respondents themselves have prolonged taking a implementing O.M. No.77 dated 3.9.2007, thus there is no delay in filing decision on this O.A., since the cause of action is a continuous one, as held by the Supreme Court in M. R. Gupta's Case (1995(5) SCC
628).
3. Ms. Vaigai, Learned Senior Counsel appearing for the applicants submits that while all government servants were granted the benefits of ACP Scheme from 9.8.1999, the respondents belatedly extended the same to teachers only on 3.9.2007, though with retrospective effect from 1999. Having issued O.M. No.77 dated 3.9.2007 for such extension of ACP benefits, the respondents are duty bound to grant it to the teachers, It is submitted that the grant of Senior Scale to the teachers under the Time Bound Scheme cannot be treated as "Promotion" resulting in depriving the teachers of their entitlement to 2 ACPs. The government itself has pointed out that when Senior Scale was granted, it was not treated as promotion and hence they were denied fixation benefits under F.R.22-I(a)Ci).
58 0.4. 6021/2013 Therefore the grant of Senior Scale cannot be equated to promotion and hamper the grant of 2 ACPs to the teachers. It is submitted that the Central government's clarification No.47 to the ACP Scheme, 1999 said that the higher grade allowed under earlier Time Bound Scheme need not be withdrawn due to grant of ACP. Hence, the questions now being raised by the Central Government for not granting 2 ACPs are not tenable. It is submitted that the Puducherry Government has pointed that any attempt to recover higher pay already granted before granting ACP to teachers will amount to withdrawing benefits to the teachers. The withholding of the grant of 2 ACPs to the teachers is therefore illegal and arbitrary. It is submitted that Clarification No.1 to the ACP Scheme says that the benefits of ACP is meant to mitigate the hardships faced by the employees because of stagnation & lack of promotion. The purpose of the ACP Scheme is being completely defeated by the impugned action of the respondents. The applicants submit that many of them have retired as teachers without any promotion, despite long years of service ranging from 25 to 30 years. They have been deprived of their valuable right to the benefits of the ACP Scheme framed specifically to meet such hardships.
4, Per contra, the learned counsel for the respondents contended that he has filed a detailed reply, he has also relied upon that similar issued has already been decided by this Tribunal in OA No. 1468 of 2013 vide order dated dated 17.09.2022, therefore, he prayed for dismissal of the O.A. 59 0.A. 601/2013
5. We have heard Ms, Vaigai, Learned Senior Counsel appearing for the applicants and Mr. R. Syed Mustafa, Ld. Counsel for the respondents.
6. The question which is to be considered in the present case is that whether the pay drawn in the Senior/Selection Scale should be taken into account for the purpose of such fixation on grant of ACP.
7. We found that the issue is no more res-integra and this Tribunal has already decided the issue in O.A. 1468/2013 vide its order dated 17.09.2022.
8. This question has been answered by this Tribunal in O.A. 1468 of 2013 and the relevant portions are extracted below:-
"12. As per the recommendations of National Commission for Teachers headed by Dr. Chattopadhyaya, Teachers were granted Senior Scale with effect from 01.01.1986. This scheme envisages that a teacher after completion of 12 years of service in the entry grade without any promotion, will be granted next higher scale of pay i.e. Senior Scale and the pay will be fixed under F.R.22(1)(a)(ii). On completion of 24 years of service in the entry post, if the teacher has not availed any promotion, Selection Scale will be granted to him provided, the teacher fulfils the requisite educational qualifications. The selection scale is subject to 20% of the number of posts in the Senior Scale of the respective cadre. However, on their functional promotion to the next higher post, the benefit of F.R.22 (1)(a) (i) will be extended to them.60 0.A. 601/2013
13. According to O.M. No.35034/1/97-Estt(D) dated
09.08.1999 of Personnel and Training, Government of India, two financial upgradation under the scheme in the entire Government service of an employee shall be counted against regular promotions availed from the grade in which an employee was appointed as a direct recruit. If an employee was not granted any regular promotion during the prescribed period of 12 years and 24 years, he will be eligible for two financial upgradations subject to other stipulations under the scheme. If an employee has already got one regular promotion, he will qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him.
14. According to O.M. No. 35034/1/97-Estt(D), dated 09.08.1999, of Department of Personnel & Training, the condition for grant of benefits under the ACP Scheme stipulate that the existing time bound promotion scheme, including insitu promotion scheme, in various Ministry/ Departments may, as per choice, continue to be operational for the concerned categories of employees. However, these schemes shall not run concurrently with the ACP Scheme. The administrative Ministry/Department-not the employees-shall have the option in the matter to choose between the two schemes, i.e. existing time bound promotion scheme or the ACP scheme, for various categories of employees. However, in case of switch over from the existing time bound promotion 61 0.A. 601/2013 scheme to the ACP scheme, all stipulations (viz. for promotion, redistribution of posts, upgradation involving higher functional duties etc.) made under the former (existing) scheme would cease to be operative. The ACP Scheme shall have to be adopted in its totality. As per the clarification issued by the Government of India from time to time, the ACP Scheme was implemented with effect from 09.08.1999 and the existing time bound scheme of conferment of senior scale/selection scale were deemed to have ceased to exist from that day. In pursuance of the above stipulation, the ACP scheme was extended to the teachers of the Union Territory Administration vide G.O.Ms.No.77 dated 03.09.2007 with effect from 09.08.1999 (R-1).
15. As per clarification No.47, issued by the Department of Personnel and Training any higher grade drawn prior to 09.08.1999 under time bound promotion /insitu promotion scheme to the ACP scheme as on 09.08.1999, pay benefits already drawn upto 09.08.1999 in the higher grade are not to be recovered. Citing this clarification, the Teachers Association have been demanding that fixation has to be made with reference to the pay actually drawn on 09.08.1999 in the senior scale of pay of Rs.5500-9000 for a Primary School Teacher and fixed under FR 22(1)(a) (i) in the same scale of pay of Rs.5500-9000 admissible to post of Headmaster (Primary).
16, The Director of Accounts & Treasuries, Puducherry has stated that the pay in the entry grade scale of Primary School Teacher is to be notionally arrived at up to 09.08.1999 62 O.A. 601/2013 in the scale of pay Rs.4500-7000 and fixed under F.R.22(1)(@)
(i) in the higher scale of Headmaster (Primary) at Rs.5500- 9000. The fall in pay resulting out of such fixation may be protected by granting personal pay to be adjusted against future increments. Based on the representation of the teachers of the Union Territory of Puducherry, the Development Commissioner, Government of Puducherry had sought for clarification to the effect that the benefit of F.R. 22(1)(a) @ on the scale drawn by the teachers as on date of eligibility for ACP. The matter was again taken up with the Ministry of Human Resource Development and Department of Personnel and Training for clarification vide letter dated 13.08.2009. The Ministry of Human Resource Development in consultation with the Department of Personnel and Training has clarified vide letter dated 29.09.2009, as given below:
(i) regarding fixation of pay of teachers in Senioz/Selection scale under the Assured Career Progression Scheme (ACPS), the pay of teachers in Senior/Selection scale, on grant of ACP shall be fixed with reference to the pay so fixed in Entry/Senior grade, as the case may be.
The fall in pay, if any, resulted in such fixation may be protected by granting personal pay to be adjusted against future increments.
(ii) As regards grant of 2™ financial upgradation to the Headmaster (Primary), this 63 0.A. 601/2013 issue may be regulated as per the condition No.7 (for isolated post) of Annexure-l of ACP scheme dated 9-8-1999, which provides that in the absence of defined hierarchical grades, financial upgradation shall be given in the immediate next higher (standard/common) pay scales as indicated in Annexure-II of the O.M. No. 35034/1/97/Estt (D) dated 9-8-1999. The immediate next higher grade of the pay scale of Rs.5500-9000 has been prescribed as Rs.6500- 10500.
17. If the pay of teachers who are in receipt of senior/selection scale is fixed as per the clarification of Government of India for grant of first/second ACP, they would be incurring loss as many of the teachers were granted senior scale with effect from 01.01.1986. Hence, the matter was taken up with Ministry for clarification. The Ministry vide letter dated 16.12.2010 has reiterated to implement the ACP scheme in toto in the Puducherry Administration and no deviation from the scheme can be allowed and the pay may be fixed in accordance with DOP&T clarification dated 29.09.2009. The matter was again taken up with MHRD for clarification to offset the Senior/selection scale as first/second financial upgradation under ACP Scheme as the case may be, to those teachers who are in receipt of senior/selection scale. The MHRD in consultation with DOP&T vide letter dated 08.08.2012 has again furnished the same reply. As per ACP scheme, any interpretation/clarification of doubt as to the 64 0.A. 601/2013 scope of meaning of the provisions of ACP scheme shall be given by the DOP&T, New Delhi and the DOP&T has reiterated implementing the ACP scheme in toto.
18. Another aspect which, the Tribunal has always to keep in view while considering revision of pay scale is the judgment of in Union of India and another P.V. Hariharan and another (1997) 3 SCC 568, wherein it was held as under:-
"5 It is the function of the Government which normally acts on the recommendations of a Pay Commission. Change of pay scale of a category has a cascading effect. Several other categories similarly situated, as well as those situated above and below, put forward their claims on the basis of such change. The Tribunal should realise that interfering with the prescribed pay scales is a serious matter. The Pay Commission, which goes into the problem at great depth and happens to have a full picture before it, is the proper authority to decide upon this issue. Very often, the doctrine of "equal pay for equal work" is also being misunderstood and misapplied, freely revising and enhancing the pay scales across the board. We hope and trust that the Tribunals will exercise due restraint in the matter. Unless a clear case of hostile discrimination is made out, there would be no justification for interfering with the fixation of pay scales. We have come 65 0.A. 601/2013 across orders passed by Single Members and that too quite often Administrative Members, allowing such claims. These orders have a serious impact on the public exchequer too. It would be in the fitness of things if all matters relating to pay scales, i.e., matters asking for a higher pay scale or an enhanced pay scale, as the case may be, on one or the other ground, are heard by a Bench comprising at least one Judicial Member....."
19. In Secretary, Government (NCT of Delhi) and others v. Grade-1 Officers Association and others (2014) 13 SCC 296, the Supreme Court refused to interfere with the ACP Scheme as it would violate government policy and since exercise of judicial review would not be proper, upheld the ACP Scheme and the conditions therein.
20. In State of Tamil Nadu v. S. Arumugham (1998) 2 SCC 198, the Supreme Court has observed that the government has the right to frame a policy to ensure efficiency and proper administration and to provide to suitable avenues for promotion to officers working in different department. The Supreme Court has further observed that the Tribunal cannot substitute its own views for the views of the government or direct new policy based on the views of Tribunal.
2i. Observing that fixation of pay and determination of responsibilities is a complex matter which is for the executive to take a decision, the courts should approach such matters with restraint, in State of Haryana and Another v. Haryana 66 O.A. 601/2013 Civil Secretariat Personal Staff Association (2002) 6 SCC 72, the Supreme Court held as under:-
"10. It is to be kept in mind that the claim of equal pay for equal work is not a fundamental right vested in any employee though it is a constitutional goal to be achieved by the Government. Fixation of pay and determination of parity in duties and responsibilities is a complex matter which is for the executive to discharge. While taking a decision in the matter, several relevant factors, some of which have been noted by this Court in the decided case, are to be considered keeping in view the prevailing financial position and capacity of the State Government to bear the additional liability of a revised scale of pay......... That is not to say that the matter is not justiciable or that the courts cannot entertain any proceeding against such administrative decision taken by the Government. The courts should approach such matters with restraint and interfere only when they are satisfied that the decision of the Government is patently irrational. unjust_and prejudicial to a section of employees and the Government while taking the decision has ignored factors which are material and relevant for_a decision in the matter. Even in a case where the court holds the order passed by the 67 0.A. 601/2013 Government to be unsustainable then ordinarily a_direction should be given to the State Government or the authority taking the decision to reconsider the matter and pass a proper order, The court should avoid giving a declaration granting a particular scale of pay and compelling the Government to implement " [Underlining added] the same......
22. In similar cases in W.P. No. 12336 of 2007 filed in the High Court of Madras by Thiru K. Siddarthan & 4 Others for revision of pay scales, the Hon'ble High Court of Madras in its order dated 05.06.2012 has dismissed the similar plea by referring, the judgement of Supreme Court of India filed by (Union of India vs. C Arun Jyothi Kundu (2007), 7 SCC 472) and held that:
"It is open to the State or the Central Government to accept the Commission's recommendation or reject the same and the court cannot give any direction to implement a particular report. In the present case, even assuming there was a One Man Commission recommendations, in the absence of State accepting the same, no mandamus will lie."
"It is well settled principle of law that recommendations of Pay Commission are 68 0.A. 601/2013 subject to the acceptance/rejection with modification of the appropriate Government."
It was also held that the recommendation of pay scales are not open to judicial review. The Pay Commission are constituted for evaluating duties and functions of the employee and the nature thereof vis-vis the educational qualification therefor. Although the Pay Commission is an expert body, the State in its wisdom and in furtherance of its valid policy may or may not accept its recommendations.
23. The Hon'ble Supreme Court of India in Civil Appeal No. 7232 of 2003 held that:-
"5, Learned Counsel for the respondent submitted that the auditors and assistants have been historically treated at par in the matter of pay scales. Although this fact has been denied by the appellant, we are of the opinion that even if it is correct that will not be of any help to the respondents. To give an illustration, if posts A and B have been carrying the same pay scales, merely because the pay scales of post A has been increased that by itself cannot result in increase in the pay scale of post B to the same level. It is entirely on the Government and the authorities to fix the pay scales and to decide whether the pay scale of post B should be increased or not. The judiciary must exercise self restraint and not encroach into the 69 0.A. 601/2013 executive or legislation domain "(2007(12) SCALE 170)"
24. Observing that the decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review, in State of U.P. and Others v. U.P. Sales Tax Officers Grade II Association (2003) 6 SCC 250, the Supreme Court held as under:-
"11. There can be no denial of the legal position that decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review obviously because pay fixation is an exercise requiring going into various aspects of the posts held in various services and nature of the duties of the employees...".
25. The directions of the Hon'ble Supreme Court discussed above make it clear that Tribunals should not interfere with the scales for particular posts recommended by Pay Commissions and/or other expert bodies unless it is shown that hostile discrimination is apparent on the face of the records. Prescription of pay scales for individual posts is in the domain of the Government and as per Supreme Court directions discussed above, it is not for the Tribunals to interfere with them, especially when the existing pay scales are as per recommendations of Pay Commission or other expert committee.
26. The ACP Scheme and attendant memoranda of the DoPT reflect that in case of any doubt, clarification has to be obtained from DoPT, the decision of which is final. The DoPT 70 0.A, 601/2013 has already clarified and the same is absolutely correct. In fact ihe view of the DoPT to treat as Personal Pay the difference between the pay actually drawn and worked out as on 09.08.1999 signals that the nodal ministry has taken into account all aspects. The claim of the applicants is thus an unintended benefits which cannot be allowed.
27, The Govt. instructions are quite clear. The scheme for timebound placement in Senior scale operating at the time of introducing the ACP scheme and the ACP scheme as such cannot be simultaneously operated as per DoP&T orders. It is only "either this or that" and "not both as per options". The Department had opted to come over to ACP scheme and orders " said that the timebound placement scheme in senior scale will cease to exist. Naturally therefore, and as per rules, the benefits already availed by the applicants under the timebound placement on senior scale will be taken into account for bringing them under the ACP scheme. In the pay fixation process starting from a very earlier period, on the date of pay fixation under the ACP, if an employee is found to be already drawing higher pay under the old scheme, the question arises what to do in such cases. The rules provided that the excess basic pay already drawn shail not be recovered but allowed to be drawn as personal pay to be absorbed in future increments in pay. Such a provision is common in all cases where the existing pay drawn is affected by changeover caused by any new turn of event. The Audit/Accounts Department has every right to question wrong fixation of pay, if any, done by the Administrative department, after pointing out the rules in this 71 0.A. 601/2013 regard. The applicants have not suffered any injustice nor inflicted with violation of Art 14 or 16 of the Constitution and as such rightly the OA is to be dismissed.
28. In the conspectus of the above facts and circumstances of the case and the judgements of the Hon'ble Apex Court and High Court, we do not see any justification to allow the OA in favour of the applicants. Resultantly, the OA is liable to be dismissed and is accordingly ordered. No costs." 9, For the foregoing reasons and after perusal of the judgments of the Hon'bie High Court and Apex Court, we do not find any justification to allow the OA in favour of the applicants.
10. In the result, the OA is liable to be dismissed and accordingly it is dismissed. No order as to costs.