Central Administrative Tribunal - Ernakulam
V Balachandran vs D/O Space on 3 April, 2018
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 180/00087/2015
Tuesday, this the 3rd day of April, 2018
CORAM:
Hon'ble Mr. U. Sarathchandran, Judicial Member
Hon'ble Mr. E.K. Bharat Bhushan, Administrative Member
1. V. Balachandran, Sr. Pharmacist-B, VSSC (Rtd.),
Aged 63 years, S/o. (Late) Sri N. Velu, residing at
Syamala Bhavan, PRRA No. 139, Pazhaya Road,
Medical College PO, Trivandrum - 695 011.
2. K. Gopinathan Asari, Sr. Lab Technician-B, VSSC (Rtd.),
Aged 63 years, S/o. (Late) Sri Krishnankutty Asari,
residing at TC 9/509, CRA 234, Saakshara, Pongumoodu,
Medical College PO, Trivandrum 69501.
3. R. Kuttappan, Sr. Radiographer-BVSSC (Rtd.), Aged 62 years,
S/o. (Late) Sri S. Raghavan Nadar, residing at TC VI/1086,
Subin Nivas, PNRA-D3, Bethany Nagar, Pongumoodu,
Med. College-PO, Trivandrum-695 011. ..... Applicants
(By Advocate : Mrs. Mary Benjamin)
Versus
1. Union of India, represented by the Secretary,
Department of Space, Government of India, New Delhi-110 001.
2. The Chairman, Indian Space Research Organization,
Department of Space, Government of India, Antariksh Bhavan,
New BEL Road, Bangalore - 560 231.
3. The Joint Secretary, Department of Space, Government of India,
Antariksh Bhavan, New BEL Road, Bangalore - 560 231.
4. The Vikram Sarabhai Space Centre, represented by its Director,
Indian Space Research Organisation, Thiruvananthapuram-695 001.
5. Director, (Public Grievances), Department of Administrative
Reforms & Public Grievances, Sardar Patel Bhavan,
Parliament Street, New Delhi - 110 001. ..... Respondents
[By Advocate : Mr. N. Anilkumar, Sr. PCGC (R)]
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This application having been heard on 20.03.2018, the Tribunal on
03.04.2018 delivered the following:
ORDER
Per Hon'ble Mr. U. Sarathchandran, Judicial Member -
Applicants are retired para-medical staff who were working in the Vikram Sarabhai Space Centre (for short, VSSC), Trivandrum under the control of Indian Space Research Organization (for short, ISRO). Applicant No. 1 was holding the post of Senior Pharmacist-B. Applicant No. 2 was Senior Lab Technician-B and applicant No. 3 was Senior Radiographer-B. According to them as per Annexure A1 office memorandum two additional higher grades namely Senior-A and B were created for the para-medicals, each with prescribed eligibility residency of 6 years. By Annexure A1 applicants 1 & 3 were promoted to the highest grade of Senior-A with effect from 1.4.2003 and applicant No. 2 with effect from 1.10.2003 after conducting a review DPC. Subsequently they were placed in a higher Grade Pay of Rs. 4,800/- with effect from 1.1.2006 vide Annexure A2 OM. Vide Annexure A3 memorandum dated 13.1.2011 the para-medical cadres were restructured with effect from 1.1.2006. In terms of Annexure A3 restructuring order, the posts the applicants were holding from 1.4.2003 were re-named as Senior-A, which according to the applicants was done retrospectively. The post in which promotion was granted vide Annexure A1 was treated as Senior-B and thereby applicants became Senior-A with effect from 1.1.2010. The post of Senior-A vide Annexure A1 OM became non-existent. According to the applicants the posts of Senior-A created in 2003 vide Annexure A1 which was subsequently granted a revised Grade 3 Pay of Rs. 4,800/- is a feeder post for promotion to the restructured Senior- B in terms of Annexure A3. In Annexure A3 the normal residency period prescribed for promotion to the newly created Senior-B is six years but as a special dispensation the existing personnel as on 14.12.2009 have been given a reduced residency period of 4 years for promotion to the post of Senior-B. Therefore, the applicants claim that they are entitled for promotion as Senior-B when they completed 4 years in the feeder cadre and therefore as they have been holding the post in the feeder category from 2003 whose Grade Pay was increased to Rs. 4,800/- in terms of Annexure A2 and as they completed 4 years in that cadre in 2007 they became entitled to the post of Senior-B in 2007 itself. The applicants state that instead of doing so the respondents have given them promotion to the Senior-B only with effect from 1.1.2010. They sent Annexure A4 representation to the Director, Public Grievance. As no action was taken by the respondents the applicants approached this Tribunal with OA No. 1094/2014 which was disposed of vide Annexure A7 order dated 12.12.2015 at the admission stage itself directing the respondents to take a decision within two weeks. The respondents sent Annexure A8 impugned communication addressed to the 2nd applicant rejecting the grievances highlighted by all the applicants in Annexure A4. Therefore, the applicants have approached this Tribunal seeking relief as under:
"1. To pass an order quashing Annexure AVIII
2. To declare that the applicants are entitled to be promoted to the post of Senior-B with effect from 2007 in the light of Annexure AIII.
3. Direct the respondents to issue appropriate orders promoting the applicants to promote them to the post of Senior-B in 2007, on the date of their completing 4 years in the feeder category.4
4. Direct the respondents to re-fix the pay and pension consequent to the above promotion and to allow all the consequential monetary benefits.
5. To grant such other relief as this Honourable Tribunal may deem fit to grant in the circumstances of the case.
6. To award to the applicant cost of this proceedings. "
2. The respondents filed reply resisting the claim of the applicants mainly on the ground that the applicants were assigned Grade Pay of Rs. 4,800/- only with effect from 1.1.2006 and as per Annexure A3 restructuring order only those employees who have completed 4 years of residency period in the Grade Pay of Rs. 4,800/- would be entitled to Group-B. As the applicants completed four years of residency period with Grade Pay of Rs. 4,800/- only on 1.1.2010 applicants Nos. 1 & 3 were promoted to the Grade Pay of Rs. 5,400/- with effect from 1.1.2010 and applicant No. 2 on 1.7.2010. It is also contended by the respondents that the representations submitted by the applicants were disposed of by the respondents informing that promotions to the post/grade is effected only prospectively and retrospective promotion is not allowed. According to the respondents the claim for antedating of the promotion with effect from 2007 when they completed 4 years in the pre-revised scale of Rs. 6,500-10,500/- does not have any merit.
3. A rejoinder was filed by the applicants contending that Annexure A3 specifically states about the special dispensation for those who were in service as on 14.2.2009 with reduced residency period of four years in the feeder category for promotion not from the revised scale. 5
4. An additional reply statement was also filed rejecting the contentions in the OA and stating that the personnel who were reviewed for promotion from the Grade Pay of Rs. 4,600/- to Grade Pay of Rs. 4,800/- as on the rationalized dates of review as on 1.10.2010, 17.2010 and 1.1.211 were promoted to the Grade Pay of Rs. 4,800/- and placed to the Grade Pay of Rs. 5,400/- in PB-3 with effect from their actual date of promotion. Respondents state that the benefits envisaged in Annexure A3 OM have been already granted to the applicants.
5. We have heard Smt. Mary Benjamin, learned counsel appearing for the applicants and the learned Senior Central Government counsel appearing for the respondents. Perused the record.
6. The short issue involved in this case is whether the applicants are entitled to be treated as promoted to the post of Senior-B with effect from 2007 when they completed four years of residency in the feeder category or whether they became eligible to the post of Senior B only on completion of residency in the Grade Pay of Rs. 4,800/- as contended by the respondents ?
7. In order to have a clear understanding of claim put forth by the applicants some recapitulation of the events occurred in the service history of the applicants is necessary. They started their service under the ISRO in the para-medical cadre. With the objective of alleviating stagnation of the para-medicals and to provide them career growth, certain categories of para- medical were re-designated by Annexure A1 OM dated 14.12.2004. Prior to 6 Annexure A1 the different categories of para-medicals having pay band and Grade Pay like 5,200-20200/- + 2,400/-, 9300-34800/- + 4,200/- and 9,300- 34,800 + 4,600/- were given designation as A, B and C in the respective categories. However, when two more promotional avenues were given to the para-medical staff vide Annexure A1 with effect from 1.10.2010 the newly created posts of Senior-A was placed in the pay band of Rs 9,300- 34,800/- plus 4,800/- and Senior-B was placed in pay band of Rs. 15,600- 39,100/- plus 5,400/-. Six years residency in the feeder category was prescribed as the eligibility for promotion to the newly created promotion posts of Senior-A and Senior-B . According to the applicants at the time of Annexure A1 they were working in the highest grade in their respective categories from 2003 itself and on a review DPC conducted after Annexure A1 they were promoted to Senior-A with effect from 1.1.2010. Annexure A3 OM effecting restructuring of the para-medical cadre which was brought into effect from 1.1.2006 was notified on 13.1.2011.
8. Annexure A3 on which the applicants rest their claims requires re- production in toto for a clear understanding of the contentions of the parties in this case:
"Indian Space Research Organisation Department of Space Government of India Antarkish Bhavan, New BEL Road, Bangalore 560 231, India, Telephone : +91 80 2341 5474 Fax:
No. HQ:ADMN:A.20(3):2010 January 13, 2011
OFFICE MEMORANDUM
Sub: Re-structuring of para medical cadre in DOS/ISRO - regarding. 7 While implementing the recommendations of 6 th Central Pay Commission in the Department with effect from 1.1.2006, the pre-revised scales of pay of Rs. 5000-8000/- and Rs. 5500-9000/- in the para medical category namely Pharmacist, Lab. Technician and Radiographer cadres were merged and placed in the pay band of Rs. 9300-34800 with grade pay of Rs. 4200/-. The merger of two grades into a common pay band and grade pay had resulted in reduction in promotion opportunities and early stagnation. Based on the discussions in the Departmental Anomaly Committee, a committee was constituted to examine various issues relating to para medical category and based on the recommendations of the committee, two additional promotional avenues in the pay band of Rs. 9300-34800 with grade pay Rs. 4800/- [PB-2] and Rs. 15600-39100 with grade pay Rs. 5400/- [PB-3] were created vide ISRO HQ OM No. HQ:ADMN:A.20(3):2009 dated 14.12.2009.
2. Consequent on revising grade pay to Lab Technician, Pharmacist and Radiographer categories in the par medical cadre in DOS/ISRO in the pre-revised scales of pay of Rs. 5500-9000 and Rs. 6500-10500 as on 31.12.2005 and assigning grade pay of Rs. 4600/- in PB-2 for those who were in the pre-revised scale of pay of Rs. 5500-9000 and grade pay of Rs. 4800/- in PB-2 for those who were in the pre-revised scale of pay of Rs. 6500-10500 with effect from 1.1.2006 vide DOS OM No. E.29011/1/2008-V(Vol.II) dated 23.12.2010, in supersession of ISRO HQ OM dated 14.12.2009, the para medical cadre is restructured with effect from 1.1.2006 as under:
Lab. Technican category Designation Scale of pay Revised pay Revised Eligibility Criteria for prior to 6th as on band and Designation appointment CPC 31.12.2005 Grade Pay /promotion with effect from 1.1.2006 Lab 4000-6000 5200- Lab Direct Diploma in Technician- 20200+2400 Technician-A entry Lab Tech A (Interview) Lab 5000-8000 9300- Lab Lab CR + Technician- 34800+4200 Technician-B Technician Interview B A + 5 years Sr. Lab 5500-9000 9300-34800 + Lab Lab CR + Technician- 4600 Technician-C Technician Interview A B + 5 years Sr. Lab 6500-10500 9300- Sr. Lab Lab CR + Technician B 34800+4800 Technician-A Technician Interview C + 6 years Fresh creation 15600- Sr. Lab Sr. Lab CR + 39100+5400 Technician-B Technician Interview A + 6 years Radiographer category Designation Scale of pay Revised pay Revised Eligibility Criteria for prior to 6th as on band and Designation appointment CPC 31.12.2005 Grade Pay /promotion with effect from 1.1.2006 Radiographer 4000-6000 5200- Radiographer Direct entry Diploma in
-A 20200+2400 -A Radiography (Interview) 8 Radiographer 5000-8000 9300- Radiographer Radiographer CR +
-B 34800+4200 -B A + 5 years Interview Sr. 5500-9000 9300-34800 Radiographer Radiographer CR + Radiographer + 4600 -C B + 5 years Interview
-A Sr. 6500-10500 9300- Sr. Radiographer CR + Radiographer 34800+4800 Radiographer C + 6 years Interview
-B -A Fresh creation 15600- Sr. Sr. CR + 39100+5400 Radiographer Radiographer Interview
-B A + 6 years Pharmacist category Designation Scale of pay Revised pay Revised Eligibility Criteria for prior to 6th as on band and Designation appointment CPC 31.12.2005 Grade Pay /promotion with effect from 1.1.2006 Pharmacist 4500-6000 5200- Pharmacist-A Direct Diploma in
-A 20200+2800 entry Pharmacy (Interview) Pharmacist- 5000-8000 9300- Pharmacist-B Pharmacist CR + B 34800+4200 A + 5 Interview years Sr. 5500-9000 9300-34800 + Pharmacist-C Pharmacist CR + Pharmacist- 4600 B + 5 Interview A years Sr. 6500-10500 9300- Sr. Pharmacist- Pharmacist CR + Pharmacist- 34800+4800 A C + 6 Interview B years Fresh creation 15600- Sr. Pharmacist- Sr. CR + 39100+5400 B Pharmacist Interview"
A + 6 years
3. The creation of additional promotional avenue in the pay band of Rs. 15600-39100 with grade pay of rs. 5400/- [PB-3] will take effect from the rationalized date of review as on 1 st January 2010. As a special dispensation, the existing personnel in the above cadres as on 14.12.2009 will be considered for promotion from grade pay of Rs. 4800/- to grade pay of Rs. 5400/- [PB-3] on completion of 4 years residency in grade pay of Rs. 4800/- and the new career path will be applicable for personnel inducted subsequently. Those Sr. Lab Technician-A, Sr. Radiographer-A and Sr. Pharmacist-A who were reviewed for promotion from grade pay Rs. 4600/- to grade pay Rs. 4800/- as on the rationalized dates of review as on 1.1.2010, 1.7.2010 and 1.1.2011 and promoted to grade pay of Rs. 4800/- may now be placed to the pay band of Rs. 15600-39100 with grade pay Rs. 5400/- with effect from their actual date of promotion. Centres/Units may conduct review for promotion of personnel in para medical category from grade pay Rs. 4800 to grade pay Rs. 5400 as per the aforesaid norms, residency period and regulate promotion, accordingly with effect from the rationalized date of 1 st July 2011.
Hindi version will follow.
Sd/-
(A. Vijay Anand) Joint Secretary, DOS/ Member (Pers.), ISRO Council"
[emphasis supplied] 9 Since the applicants are resting their claims on paragraph 3 of Annexure 3 OM, we have extracted the aforesaid paragraph 3 above in bold letters.
9. It is not in dispute that applicants belong to the existing personnel as Senior-A category who were having a Grade Pay of Rs. 4,800/- with effect from 1.1.2006 by virtue of Annexure A2 OM granting a revised Grade Pay of Rs. 4,800/-. According to the applicants they became eligible for promotion to the pay band of Rs. 15,600-39,100/- with Grade Pay of Rs. 5,400/- by way of a special dispensation reducing the residency period of six years in Senior-A to completion of 4 years residency in the feeder category. Respondents on the other hand contend that in order to be promoted to the pay band of Rs. 15,600-39,100/- with Grade Pay of Rs. 5,400/- (PB-3) the applicants who are existing personnel in the feeder category ought to have had residency of 4 years in the Grade Pay of Rs. 4,800/- which the applicants did not have in 2007. They point out that the applicants were placed in the Grade Pay of Rs. 4,800/- only as per Annexure A2 OM revising their Grade Pay on 23.12.2010 with effect from 1.1.2006 and they became eligible for promotion to the Senior-B in the Grade Pay of Rs. 5,400/- only on 1.1.2010 i.e. on completion of 4 years residency in the Grade Pay of Rs. 4,800/- from 1.1.2006. Respondents further point out that the post of Senior-B itself was created only much after 2007 i.e. vide Annexure A1 dated 14.12.2009 and therefore, the claim of the applicants that they ought to have become eligible in 2007 for being promoted to Senior-B with Grade Pay of Rs. 5,400/- is specious and convoluted. We find some force in the contention of the respondents in this regard. Accordingly, 10 a reading of the afore-boldened portions of the extracts from Annexure A3 is sufficient to dispel the cloud created by the applicants' claim because it is clearly stated therein that the special dispensation is available only to the existing personnel appointed in terms of Annexure A1 dated 14.12.2009 and further that they will be considered for promotion in Grade Pay of Rs. 4800/- to Grade Pay of Rs. 5,400/- (PB-3) on completion of 4 years residency in Grade Pay of Rs. 4,800/-. It is also made clear in Annexure A3 that the new career path will be applicable to the personnel inducted subsequently, meaning thereby that the promotion from Senior-A to Senior- B can only be with a residency period of six years for those incumbents who were placed in Senior-A after 14.12.2009. It is further made clear in Annexure A3 that those in the Senior-A categories who were reviewed for promotion from Grade Pay of Rs. 4,600/- to Rs. 4,800/- as on the rationalized dates of review as on 1.1.2010, 1.7.2010 and 1.1.2011 and promoted to the Grade Pay of Rs. 4,800/- will be placed to the pay band of Rs. 15,600-39,100/- with Grade Pay of Rs. 5,400/- with effect from their actual date of promotion.
10. A conjoint reading of Annexures A1, A2 and A3 gives a clear picture that the applicants can never claim retrospective promotion dating back from 2007 for the post of Senior-B with a Grade Pay of Rs. 5,400/- firstly because the restructured post of Senior-B was not at all in existence in 2007 and secondly because promotion to Senior-B with Grade Pay of Rs. 5,400/- is with a condition that the applicants - should come under the special dispensation - and they should have four years residency in the Grade Pay 11 of Rs. 4,800/-.
11. In the light of the above discussion we are of the view that the claim of the applicants is without any merit. Hence, the OA is dismissed. Parties shall suffer their own costs.
(E.K. BHARAT BHUSHAN) (U. SARATHCHANDRAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"SA"
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Original Application No. 180/00087/2015
APPLICANT'S ANNEXURES
Annexure AI - True copy of the office memorandum No.
HQ:ADMN:A.20(3):2009, dated 14.12.2009.
Annexure AII - True copy of the office memorandum dt. 23.12.2010. Annexure AIII - True copy of office memorandum dated 13.1.2011. Annexure AIV - True copy of the representation dated 23.04.2014. Annexure AV - True copy of the reply dated 29.04.2014 received online. Annexure AVI - True copy of the communication on line dated 18.9.2014. Annexure AVII - True copy of the order dated 12.12.2015 in OA No. 180/01094/2014.
Annexure AVIII -True copy of the order No. HQ:ADNA.20(3):2014 dated December 16, 2014.
RESPONDENTS' ANNEXURES Annexure R1(a) -True copy of the reply dated 18.5.2012 given to the 2 nd applicant.
Annexure R1(b) -True copy of the reply dated 22.5.2012 given to the 3rd applicant.
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