Central Administrative Tribunal - Madras
Selvanayagam D R vs D/O Space on 9 February, 2023
1 OA 310/00575/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00575/2017
Dated Thursday the 9th day of February Two Thousand Twenty Three
CORAM : HON'BLE MS. MANJULA DAS, Member (J)
&
HON'BLE MR. T. JACOB, Member (A)
1. Selvanayagam. D.R.
2. Jones Rabindran. J
3. Gopalaswamy. N.K.
4. Krishnan Potti R
5. Murukesan S
6. Rajaratnam. S.K
7. Shunmugavelu. V
8. Suresh Jeevan. J
9. Ramaseshan. K
10. Ramasamy. A ... Applicants
By Advocate M/s. P.T. Perumal
Vs
1. The Department of Space
Rep. By its Secretary, who is also
The Chairman, Indian Space Research Organisation
Antariksh Bhavan, New BEL Road
Bengaluru - 560 231.
2. Department of Expenditure
Rep. by its Secretary
Government of India
New Delhi - 110 00. .... Respondents
By Advocate Mr. M. Kishore Kumar
2 OA 310/00575/2017
ORAL ORDER
(Pronounced by Hon'ble Ms. Manjula Das, Member(J)) The relief prayed for in this OA is as follows:
"i. Call for the records leading to the issue of Clarification No. 5 in Om No. A2/10 (8)/98-1 (volume IV) dated 22-05-2014. No. 5 (Annexure A-10) and set aside the Clarification No. 5 in it.
ii. Declare that the inaction on the part of the respondents to rectify the anomaly with regard to pensioners in Grade of Scientists/Engineers 'G' and Scientists/Engineers 'H' drawing lesser pension than Scientists/Engineers 'SG', is illegal and arbitrary. iii. Direct the first respondent Department of Space to take the issue with the second respondent Cabinet Secretary to correct the mistakes in the comments by the third respondent Department of Expenditure Implementation Cell and to implement the October 2007 Central Government Cabinet decision with regard to removal of anomaly of seniors in Scientists/Engineers 'G' Grade by granting of 2 Additional Increments and all consequential benefits to the applicants from the due date.
iv. Direct the respondents to rectify the pay and pension anomaly by remedial steps of granting of 2 Additional Increments to the applicant Scientists/Engineers in 'G' Grade, w.e.f. 1.1.1996 and consider it as 'Pay' for the purpose of DA, HRA, Pension and Pensionary benefits as is done in case for Scientists/Engineers in 'SD', 'SE','SF'& 'SG' Grades.
3 OA 310/00575/2017 E. Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice.
F. Award the cost of these proceedings."
2. The brief facts of the case in nutshell is as follows:
The applicants worked as Scientists in the various centres under the control of the respondents. All the applicants are retired now. While in service, the applicants were drawing salary in the scales of pay of Rs. 10000-450-20000. By an Office Memorandum dated 15.02.1999, the Under Secretary to Government of India announced special additional increments for Scientists/Engineers working in Department of Space/ISRO w.e.f. 1.1.1996. The applicants/scientists are eligible for various benefits under these additional increments. But the respondent authorities are denying the full rights under the said Office Memorandum. There are anomalies in pay and pension benefits and there are drop of emoluments. The respondent authorities in an arbitrary manner, raised doubts on their own and answered them in the negative, denying the entitlement to the applicants vide OM No. A2/10(8)/98-I (Vol.IV) dated 22.05.2014. That OM is arbitrary and against law and has to be quashed. Hence this OA.
3. The respondents have entered appearance through their counsel and filed a detailed reply statement. It is submitted that all the applicants in the OA are ex-employees of ISRO i.e., employees who have superannuated from ISRO Propulsion Complex and ISRO Satellite Centre, 4 OA 310/00575/2017 Bangalore while holding the grade of Scientist/Engineer-G and H. They were granted pension at the time of retirement from service in terms of the extant orders on the subject case. The Department of Space (DOS) vide memorandum dt. 03.02.1999 had granted incentive equivalent to a quantum of two additional increments to Scientists/Engineers-SD, SE, SF, SG w.e.f. 01.01.1996. Such additional increments were not merged with the basic pay and treated separately and increments will not be treated as part of basic pay for the purpose of DA, HRA, Pension etc. Whereas, taking into account the orders issued by the Hon'ble High Court of Kerala and Uttarkhand and in consultation with Ministry of Finance implemented the court orders stating that the two additional increments sanctioned as incentive to Scientists/Engineer-SD to SG w.e.f. 01.01.1996 shall be treated as pay for payment of DA, HRA, Pension and Pensionery benefits and accordingly the basic pension/family pension of all pensioners who retired after 01.01.1996 from Grades Scientist/Engineer - SD to SG have been revised taking into account two additional increments grated to them. Since the applicants are Scientist G and not in the eligible category for grant of additional increments, their pension were not revised and few Scientist/Engineers-G superannuated from ISRO might be drawing less pension than those who superannuated from Scientist/Engineer - SD to SG. Whereas the Department has taken up the matter with the competent 5 OA 310/00575/2017 authority for grant of two additional increments was not acceded. Hence prays for the dismissal of the OA.
4. The applicant filed rejoinder to the reply statement filed by the respondents. It is stated in the rejoinder that the issue involved in this OA is covered by the Ernakulam Bench of this Tribunal in OA 180/00137/2016 filed by similarly affected Scientist/Engineers G and H in VSSC and LPSC, Thiruvananthapuram wherein this Tribunal has allowed the OA. He further submits that eventhough the respondents agree that applicants in the senior grade Scientist/Engineer 'G' draw less pay and less pension compared to their Junior Grade Scientist/Engineer 'SG', the respondents have not acted upon to rectify the same at the appropriate time. The inaction to rectify the anomaly is in direct conflict with the Cabinet decision of October 2007 recommending to remove the anomaly. It is further submitted that it is the duty of the Department of Space to implement the Cabinet decision in this matter, but also to ensure that anomalies regarding Senior Scientist/Engineer 'G' drawing less emoluments than those Scientists in the feeder cadre, are rectified.
5. When the matter came up for hearing, learned counsel for the applicant submits that the applicant will be satisfied if a direction is given to the respondents to consider the case of the applicants in the light of the 6 OA 310/00575/2017 order of Ernakulam Bench of this Tribunal in OA 180/00137/2016 dt. 28.05.2018.
6. In view of the submissions made, the respondents are directed to consider the case of the applicants in the light of the order passed by Ernakulam Bench of this Tribunal in OA 180/00137/2016 dt. 28.05.2018 and pass a reasoned and speaking order within a period of two months from the date of receipt of copy of this order.
7. OA is disposed of. No order as to costs.
(T. Jacob) (Manjula Das) Member (A) 09.02.2023 Member (J) AS